What Is A Protective Order In A N.J. Divorce Involving A Business?
A Protective Order prevents a party from releasing specific documentation in particular situations during the litigation process. As a New Jersey divorce lawyer for over 20 years, our law firm handled many types of situations that require a Protective Order. One of the primary reasons that the attorneys at our law firm shall seek a Protective Order is when the divorce case involves a business. Recently I had a case involving a company, based out of East Brunswick, New Jersey, that was valued by a joint expert (i.e., a forensic accountant) at $400,000,000. Moreover, we faced an upcoming IPO a/k/a initial public offering. This occurs when a growing business decides to begin selling stock to potential investors. Therefore, any information that may get leaked could cost both husband and wife millions on top of millions of dollars absent a Protective Order in their divorce case. Needless to add, this is why you should always have an attorney (or law firm) whose only focus is divorce and family law. Below, please find a sample, hypothetical Protective Order involving a business.
LAW OFFICES OF EDWARD R. WEINSTEIN, LLC
Weinstein Professional Building
214 Highway 18 North, Suite 2A
East Brunswick, New Jersey 08816
Attorneys for Plaintiff
SUPERIOR COURT OF NEW JERSEY
CHANCERY DIVISION: FAMILY PART
DOCKET NO. FM-12-34567-00
PROTECTIVE ORDER AS
This matter having come to the attention of the Court on application of the plaintiff, Edward Weinstein, Esq., attorney therefore, and consent of counsel for the defendant hereon, Abe Lincoln, Esq., and for good cause shown;
It is on this_____ day of _____________20__,
ORDERED as follows:
- 1. The parties acknowledge that the business interests of the defendant involve confidential relationships with clients of the business interest and may involve trade secrets, and that the revelation of such relation and trade secrets to third parties may have an immediate and substantial and detrimental effect upon the defendant’s business interest and may expose the defendant and/or such interest to civil liability;
- 2. Plaintiff shall have discovery as to all of defendant’s business and financial interests which shall include discovery as to businesses in which he is involved. The parties acknowledge that a portion of the defendant’s business interests involve the testing of consumer products for manufacturers and that such testing, the results and other information obtained from the manufacturers may involve trade secrets as well as protection agreements for the information supplied by such manufacturers. The parties acknowledge that the discovery shall be limited to financial matters only and shall not include such trade secrets or testing information. By way of example and not by way of limitation, such discovery shall include financial books and records of such business entities and such other documents as may be reasonably required in order to ascertain the value of such business interests and the defendant’s income and other emoluments therefrom. By way of example, and not by way of limitation of such other documents, contracts which are of a financial nature between the defendant’s business interests and clients may be the subject of such discovery, but the names of the clients shall be blocked out so not as to be identifiable;
- 3. Neither the plaintiff nor the plaintiffs attorney nor the plaintiff’s accountant or any other agent, servant or employee thereof shall have revealed to him the identity of any client, the nature of the services performed by the defendant or his business interest or any information or secrets obtained by way of such discovery, except as may be consented to by the defendant or as provided by further order of the court. The only exception to the revelation of such information shall be during the course of negotiations between the parties through their respective counsel, or at trial of the issues in the within matter, and subject to the further protective orders of this court;
- 4. Discovery in the main as set forth herein shall take place at the office of defendant’s accountant. However, plaintiff’s attorney and/or accountant shall have the right to inspect the premises of defendant’s business interests for the purposes set forth herein;
- 5. It is intended by the parties that March 23, 1987, shall be scheduled as a tentative first date for examination of the discovery set forth herein.
RUTH GINSBURG, J.S.C.
This undersigned hereby consents
To the form and entry of the
ABE LINCOLN, ESQ.
Attorney for Defendant