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`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
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`IN RE: APPLE INC. SMARTPHONE
`ANTITRUST LITIGATION
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`This Document Relates to:
`ALL ACTIONS
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`Case No. 2:24-md-03113 (JXN) (LDW)
`DISCOVERY CONFIDENTIALITY ORDER
`In the interests of (1) ensuring efficient and prompt resolution of this Action; (2) facilitating
`discovery by the Parties litigating this Action; and (3) protecting confidential information from
`improper disclosure or use, the Court, upon good cause shown and pursuant to Federal Rule of
`Civil Procedure 26(c)(1), ORDERS as follows:
`1. The parties acknowledge that this Order does not confer blanket protections on all
`disclosures during discovery, or in the course of making initial or supplemental disclosures under
`Rule 26(a). Designations by any Producing Party under this Order shall be made with care and
`shall not be made absent a good faith belief that the designated material satisfies the criteria set
`forth below. If it comes to a Producing Party’s attention that designated material does not qualify
`for protection at all, or does not qualify for the level of protection initially asserted, the Producing
`Party must promptly notify all other Parties that it is withdrawing or changing the designation.
`This Order is identical to the Order entered by the Court in United States v. Apple Inc., Case No.
`2:24-cv-04055 (JXN) (LDW) (“the Government Action”), pending in this Court ( see Dkt. 235
`from the Government Action), except for certain modifications below.
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`A. Definitions
`2. As used herein for purposes of this Order only:
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`(a) “Action” means the above- captioned action pending in this Court, including any
`related discovery, pre-trial, trial, post-trial, or appellate proceedings.
`(b) “Business Decisions” means decisions relating to a competitor, potential
`competitor, customer, or distribution partner including decisions regarding contracts, marketing,
`pricing, product or service development or design, product or service offerings, research and
`development, mergers and acquisitions, or licensing, acquisition, or enforcement of intellectual
`property rights. It does not include the rendering of legal advice in connection with litigation,
`compliance, regulatory, or liability issues related to business decisions.
`(c) [Omitted].
`(d) “Confidential” or “Confidential Information” means any information, document, or
`thing, or portion of any document or thing, produced in any Investigation Materials or Litigation
`Materials that contains (a) Personal Information; or (b) confidential research or commercial
`information. Provided, however, that any portion of any Investigation Materials or Litigation
`Materials, except for Personal Information, that has been published or otherwise made publicly
`available is not Confidential Information.
`(e) “Defendant” or “Apple” means Apple Inc. and its employees, agents,
`representatives, parents, subsidiaries, affiliates, successors, and assigns.
`(f) “Designated In-House Attorneys” means no more than four (4) attorneys employed
`by Apple who can access Highly Confidential Information provided that they are not currently
`involved in Business Decisions and whose names, titles, and department are disclosed to Plaintiffs
`and Intervening Non- Parties at least ten (10) business days prior to the effective date of
`designation, and who are agreed upon by the Parties and Intervening Non-Parties or (in the absence
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`of an agreement) designated by the Court. To the extent Apple seeks to replace a Designated In-
`House Attorney, Apple must provide notice to Plaintiffs and Intervening Non-Parties at least ten
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`(10) business days prior to the desired effective date of such change, and the replacement must be
`agreed upon by the Parties and Intervening Non -Parties or (in the absence of an agreement)
`designated by the Court. Designation of Apple’s Designated In-House Attorneys to any Producing
`Party that is not a Party or an Intervening Non- Party will be made at least ten (10) business days
`prior to the disclosure of any Highly Confidential Information. An individual who has served as a
`Designated In-House Attorney shall not—for a period of two years following the last occasion on
`which Highly Confidential Information is disclosed to such Designated In -House Attorney—(a)
`participate in or advise on Business Decisions at the Defendant, (b) participate in or advise on
`Business Decisions involving a Protected Person whose Highly Confidential Information they
`accessed during the course of this Action at any employer, or (c) participate in or advise on
`litigation or other legal actions on behalf of Defendant or any other employer where a Protected
`Person is a party and whose Highly Confidential Information the Designated In- House Attorney
`accessed in the course of this Action (aside from litigation arising from or related to the allegations
`in the Complaint in this Action). Any attorney subject to this subsection who leaves the
`employment of Defendant to work in an unrelated industry shall be presumed to be exempt from
`the post -employment limits of this provision absent a showing by Plaintiffs or any interested
`Protected Person that such a person engaged in Business Decision-making.
`(g) “Disclosed” means shown, divulged, revealed, produced, described, transmitted, or
`otherwise communicated, in whole or in part.
`(h) “Document” means any document or electronically stored information, as the term
`is used in Federal Rule of Civil Procedure 34(a).
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`(i) “Highly Confidential” or “Highly Confidential Information” means any
`information that is extremely confidential and/or sensitive in nature and the Producing Party
`reasonably believes the disclosure of which is likely to cause economic harm or competitive
`disadvantage to the Producing Party. The Parties agree that the following information, if non-
`public, shall be presumed to merit the Highly Confidential designation: trade secrets, pricing
`information, financial data, sales information, sales or marketing forecasts or plans, business plans,
`sales or marketing strategy, product development information, engineering documents, testing
`documents, employee information, and other non- public information of similar competitive and
`business sensitivity.
`(j) “Highly Confidential – Outside Counsel Only” or “Highly Confidential
`Information – Outside Counsel Only” means any Highly Confidential Information that the
`Producing Party reasonably believes the disclosure of which to Defendant’s personnel (including
`its officers, directors, executives, employees, or in- house attorneys) is likely to cause economic
`harm or competitive disadvantage to the Producing Party.
`(k) “In-House Attorneys” means any attorney employed by the Defendant.
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`(l) “Intervening Non- Party” or “Intervening Non- Parties” means one the following
`Non-Parties: Capital One Financial Corporation; Garmin International, Inc.; Google LLC;
`JPMorgan Chase Bank, N.A.; Match Group, Inc.; Meta Platforms, Inc.; Microsoft Corp.; PayPal,
`Inc.; and Samsung Electronics America, Inc.
`(m) “Investigation” means any pre -complaint review, assessment, or investigation of
`the matters at issue in the Government Action by the United States or Plaintiff States.
`(n) “Investigation Material” or “Investigation Materials” means non- privileged
`documents, data, communications, transcripts of testimony, or other materials relating to the
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`Investigation, including but not limited to documents or information provided pursuant to the
`Antitrust Civil Process Act, 15 U.S.C. §§ 1311-14 or any State equivalent CID process that prior
`to the filing of the Government Action (a) any Non-Party to the Government Action provided to
`any party to the Government Action; (b) any party to the Government Action provided to any
`Non-Party to the Government Action; or (c) any party to the Government Action provided to any
`party of the Government Action.
`(o) “Litigation Material” or “Litigation Materials” means non -privileged documents,
`data, communications, testimony, or other materials relating to this Action that, after the filing of
`and during the pendency of this Action, (a) any Non-Party provides to any Party, either voluntarily
`or under compulsory process; (b) any Party provides to any Non- Party; or (c) any Party provides
`to any Party.
`(p) “Non-Party” means any natural person, partnership, corporation, association, or
`other legal entity not named as a Party to this Action.
`(q) “Outside Counsel” means the law firm(s) who represent or are retained by the
`Parties, including any attorneys, paralegals, and other professional personnel (including support
`and IT staff), agents, or independent contractors retained by a Party that such law firm(s) assign(s).
`(r) “Party” or “Parties” means any individual Plaintiff or any Defendant in the above-
`captioned action, or Plaintiffs and Defendants collectively.
`(s) “Person” means any natural person, corporate entity, partnership, association, joint
`venture, governmental entity, or trust.
`(t) “Personal Information” means a natural person’s non- public personal identifiable
`information that is linked or reasonably linkable to an identified or identifiable natural person,
`including, but not limited to, Social Security number; driver’s license number, or state or federal
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`government identification number, or foreign country equivalent identification number; passport
`number; financial account number; credit or debit card number; email address; name, address, or
`phone number in combination with other personal identifiable information; sensitive personal
`information regarding genetic or biometric data, precise geolocation data, financial information or
`transactions, medical or health history and records, and criminal or employment history; and any
`other protected personal information subject to non- disclosure obligations imposed by
`governmental authorities, law, or regulation.
`(u) “Plaintiff State” means State of New Jersey, State of Arizona, State of California,
`District of Columbia, State of Connecticut, State of Indiana, State of Maine, Commonwealth of
`Massachusetts, State of Michigan, State of Minnesota, State of Nevada, State of New Hampshire,
`State of New York, State of North Dakota, State of Oklahoma, State of Oregon, State of Tennessee,
`State of Vermont, State of Washington, and State of Wisconsin acting by and through their
`respective Attorneys General, or any other State acting by and through their respective Attorneys
`General which joins the Government Action. “Plaintiff States” means collectively all Plaintiff
`States in the Government Action.
`(v) “Producing Party” means any Party or Non -Party that discloses or produces or
`reproduces any Investigation Materials or Litigation Materials in this Action.
`(w) “Protected Material” means any Investigation Material or Litigation Material that
`is designated as “Confidential,” “Highly Confidential,” or “Highly Confidential – Outside Counsel
`Only,” as provided for in this Order. Protected Material shall not include: (i) advertising materials
`that have been actually published or publicly disseminated; and (ii) materials that show on their
`face they have been disseminated to the public.
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`(x) “Protected Person” means any Person (including any Party or Non- Party) that has
`provided Investigation Materials or that provides Litigation Materials in this Action.
`(y) “Receiving Party” means any Party or Non-Party who receives Investigation
`Materials or Litigation Materials from a Producing Party.
`B. Computing Time
`3. Unless otherwise specified, time will be computed according to Federal Rule of
`Civil Procedure 6(a).
`C. Notice to Non-Party Protected Persons of the Terms of This Order
`4. [Omitted].
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`5. Any Party that seeks discovery from a Non -Party Protected Person for use in this
`Action must include a copy of this Order when serving a discovery request or subpoena on the
`Non-Party Protected Person. If any Party sent a discovery request or subpoena to any Non -Party
`Protected Person prior to entry of this Order, that Party must send a copy of this Order to the Non-
`Party Protected Person within two (2) business days of entry of this Order.
`D. Modifications of This Order
`6. If a Non -Party Protected Person determines that this Order does not adequately
`protect its Protected Material, it may seek additional protection from the Court for its Protected
`Material within fourteen (14) days after receiving notice of this Order under Paragraphs 4 or 5 by
`filing a letter application pursuant to Local Civil Rule 37.1(a)(1). If a Non-Party Protected Person
`timely seeks additional protection from the Court, a Party’s obligation to produce that Non- Party
`Protected Person’s documents containing Protected Material, that is the subject of the application,
`is suspended until a decision is rendered by the Court, unless the Non-Party Protected Person who
`filed the application and the Parties reach an agreement allowing production of the Protected
`Material while the application is pending. If the Court orders the production of the non- Party
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`Protected Person’s documents, the Party obligated to produce the Non -Party Protected Person’s
`Protected Material will have seven (7) days to make the production unless a longer period is
`ordered by the Court.
`7. Nothing in this Order limits any Person, including members of the public, a Party,
`or a Non-Party Protected Person, from seeking additional protection or modification of this Order
`upon an application duly made according to Rule 37.1 of the Local Rules of this Court, including,
`without limitation, an order that certain information need not be produced at all or is not admissible
`evidence in this Action or any other proceeding. By stipulating to this Order, the Parties do not
`waive the right to argue that certain material may require additional or different confidentiality
`protections than those set forth herein.
`E. Designation of Protected Material in Investigation Materials
`8. Any Investigation Materials that Apple previously provided to the United States or
`any Plaintiff State during an Investigation that Apple designated as Protected Material or for which
`Apple requested protected or confidential treatment, including, but not limited to, testimony,
`documents, electronic documents and data, and materials produced pursuant to the Antitrust Civil
`Process Act, 15 U.S.C. §§ 1311- 14, will be treated as containing Confidential Information, or as
`Highly Confidential if previously designated by Apple.
`9. A Non-Party Protected Person shall have sixty (60) days after receiving a copy of
`this Order (the “Designation Period”) to designate as Highly Confidential Information or Highly
`Confidential Information – Outside Counsel Only any Investigation Materials to the extent the
`Non-Party Protected Person determines, in good faith, that the Investigation Materials include
`Highly Confidential Information or Highly Confidential Information – Outside Counsel Only, and
`that such designation is necessary to protect the interests of the Non-Party Protected Person. Such
`Investigation Materials, including but not limited to testimony, documents, electronic documents
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`and data, and materials produced pursuant to the Antitrust Civil Process Act, 15 U.S.C. §§ 1311-
`14, or any State equivalent process, may be so designated by providing written notice by overnight
`mail or email to the Party to which the Investigation Materials were produced and providing a
`reproduction of the Investigation Materials stamped with the legend “HIGHLY CONFIDENTIAL
`INFORMATION” or “HIGHLY CONFIDENTIAL INFORMATION – OUTSIDE COUNSEL
`ONLY,” in a manner that will not interfere with legibility, including page numbering, or
`auditability.
`10. Until the expiration of the Designation Period, all Investigation Materials produced
`by a Non- Party Protected Person will be treated as Highly Confidential Information – Outside
`Counsel Only in their entirety. Investigation Materials previously produced by a Non -Party
`Protected Person that are not designated as Highly Confidential or Highly Confidential
`Information – Outside Counsel Only by the expiration of the Designation Period shall be treated
`as Confidential Information for purposes of this Order, whether or not the Non- Party Protected
`Person requested confidential treatment at the time of production.
`F. Designation of Protected Material in Litigation Materials
`11. The following procedures govern the process for all Protected Persons (including
`any Party or Non-Party) to designate as Protected Material any Litigation Materials, including but
`not limited to information provided in response to requests under Federal Rules of Civil Procedure
`30, 31, 33, 36, or 45, and documents disclosed in response to Federal Rules of Civil Procedure
`33(d), 34(b)(2) and (c), or 45.
`12. Any Producing Party may designate Litigation Material with any of the following
`designations, provided that it meets the requirements for such designations as provided for herein:
`“Confidential,” “Highly Confidential,” or “Highly Confidential – Outside Counsel Only.”
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`13. Any production or designation of Protected Material or other written notice to the
`Parties required by this Order must be provided by email to all counsel for Plaintiffs (using the
`listserv AppleAllPlaintiffs@lists.locklaw.com) and to all counsel for Apple (using the listserv
`Apple-SmartphoneMDL-External@gibsondunn.com).
`14. Testimony. All transcripts of depositions taken in this Action will be treated as
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`Highly Confidential – Outside Counsel Only in their entirety for thirty (30) days after the date
`when a complete and final copy of the transcript has been made available to the deponent (or the
`deponent’s counsel, if applicable). Within two (2) business days of receipt of the final transcript,
`the Party who noticed the deposition must provide the final transcript to the deponent (or the
`deponent’s counsel, if applicable). Within thirty (30) days following receipt of the final transcript,
`the deponent (or the deponent’s counsel, if applicable) may designate as Confidential, Highly
`Confidential, or Highly Confidential – Outside Counsel Only, as appropriate, any portion(s) of the
`deposition transcript, by page(s) and line(s), and any deposition exhibits, or portion(s) of any
`exhibit(s), that were produced by the deponent or the deponent’s employer or former employer.
`When a Party questions a deponent about Investigation Material or Litigation Material that has
`been designated by a Non-Party Protected Person as containing Confidential Information, Highly
`Confidential Information or Highly Confidential Information – Outside Counsel Only, the Party
`asking the questions must designate as Confidential, Highly Confidential, or Highly Confidential
`– Outside Counsel Only the portion(s) of the transcript relating to that designated Investigation
`Material or Litigation Material within thirty (30) days following receipt of the final transcript. To
`be effective, designations must be provided in writing to the Parties’ counsel listed in Paragraph
`13 of this Order.
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`Any portion(s) of a transcript or deposition exhibit(s) not so designated pursuant to this
`Paragraph 14 shall be treated as Confidential Information, even if the document(s) that become the
`deposition exhibit(s) or information that is the subject of deposition testimony was subject to a
`prior higher designation of confidentiality. Any Protected Material that is used in the taking of a
`deposition shall remain subject to the provisions of this Protective Order. In such cases, the court
`reporter shall be informed of this Protective Order and shall be required to operate in a manner
`consistent with this Protective Order.
`In the event the deposition is videotaped, the original and all copies shall be marked by
`the video technicians to indicate that the contents are subject to this Protective Order, substantially
`along the lines of “This recording contains confidential testimony used in this case and is not to
`be viewed or the contents thereof to be displayed or revealed except pursuant to the terms of the
`operative Protective Order in this matter or pursuant to written stipulation of the parties.”
`Counsel for any Producing Party whose Protected Material is the subject of examination
`shall have the right to exclude from oral depositions, other than the deponent, deponent’s counsel,
`the reporter, and videographer (if any), any person that is not authorized by this Protective Order
`to receive or access Protected Material based on the designation of such Protected Material. Such
`right of exclusion shall be applicable only during the periods of examination or testimony
`regarding such Protected Material.
`15. Documents Produced in Native Format. When a Protected Person produces
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`electronically stored files or documents in native electronic file format, such electronic files and
`documents shall be designated by the Protected Person under this Order by (a) appending the suffix
`“Confidential,” “Highly Confidential,” or “Highly Confidential – Outside Counsel Only,” to the
`file name or document production number, or (b) including the appropriate confidentiality
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`designation in reasonably accessible metadata associated with the file. When documents that were
`produced in native file format are printed for use during a deposition, for a court proceeding, or
`for disclosure to any Person described in Paragraphs 22, 23, and 24, the Party printing the file must
`affix to the printed version a label containing the production number and the designation associated
`with the document. No one shall seek to use in this Action a .tiff, .pdf, or other image format
`version of a document produced in native file format without first: (a) providing a copy of the
`image format version to the Producing Party so that the Producing Party can review the image to
`ensure that no information has been altered; and (b) obtaining the consent of the Producing Party,
`which consent shall not be unreasonably withheld.
`16. Written Discovery and Documents and Data Produced in Hard Copy or Non-Native
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`Format. Written discovery, documents (which include “electronically stored information,” as that
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`phrase is used in Federal Rule of Civil Procedure 34(a)), and tangible things that meet the
`requirements for the confidentiality designations listed in Paragraph 2 may be so designated by
`stamping or otherwise marking each page or image with the appropriate designation in a manner
`that will not interfere with legibility. For digital files being produced, the Producing Party may
`mark each viewable page or image with the appropriate designation, and mark the medium,
`container, and/or communication in which the digital files were contained. In the event original
`documents are produced for inspection, the original documents shall be presumed “Highly
`Confidential – Outside Counsel Only” during the inspection and re -designated as appropriate
`during the copying process.
`G. Source Code
`17. The Parties acknowledge that if any Party produces Source Code in this Action, the
`disclosure of such Source Code to another Party or Non- Party may create a substantial risk of
`serious harm. Any production of Source Code by any Party in this Action shall be governed by
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`the Stipulated Protective Order Governing, Review, Production, and Handling of Source Code in
`this Action. If any Non-Party produces Source Code, Source Code produced by a Non-Party will
`be subject to separate negotiations and Court order.
`H. Challenges to Confidentiality Designations
`18. Any Party who objects to any designation of confidentiality (the “Objecting Party”)
`may challenge a designation of confidentiality at any time before the trial of this Action by
`providing written notice to the Producing Party and to all Parties identifying the challenged
`designation and stating with particularity the grounds for the objection.
`19. Within fourteen (14) days of the Objecting Party’s written notice, the Parties and
`the Producing Party shall meet and confer in good faith to discuss their respective positions. If the
`Parties and the Producing Party cannot reach agreement on an objection to a designation of
`confidentiality within fourteen (14) days of the Objecting Party’s written notice, the Objecting
`Party may address this dispute to the Court no later than twenty-eight (28) days from the Objecting
`Party’s written notice by submitting a letter to the Magistrate Judge, or requesting a telephone
`conference with the Magistrate Judge, to present the challenge. Formal motions to resolve disputes
`over confidentiality shall not be filed without prior leave from the Magistrate Judge. If the
`Objecting Party fails to address this dispute with the Court within twenty-eight (28) days from the
`Objecting Party’s written notice, the challenge will be considered rescinded.
`20. Notwithstanding any challenge to a designation, the Protected Material in question
`shall continue to be treated as designated under this Order until one of the following occurs: (a) the
`Party who designated the Protected Material in question withdraws such designation in writing; or
`(b) the Court rules that the Protected Material in question is not entitled to the designation.
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`21. This Order does not: preclude or prejudice a Protected Person or a Party from
`arguing for or against any confidentiality designation, establish any presumption that a particular
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`confidentiality designation is valid, or alter the burden of proof that would otherwise apply in a
`dispute over discovery or disclosure of information.
`I. Disclosure of Protected Material
`22. Except as provided by Paragraph 28 or pursuant to a court order, Protected
`Materials designated Confidential may be disclosed only to the following persons:
`(a) the Court and all persons assisting the Court in this Action, including Magistrate
`Judges, law clerks, court reporters, and stenographic or clerical personnel;
`(b) counsel for the United States for as long as the United States remains a plaintiff in
`the Government Action, including any attorneys, paralegals, other professional personnel
`employed by the United States (including economists, technologists, IT support, and IT staff), and
`agents or independent contractors retained by the United States to assist in this Action whose
`functions require access to the Confidential Information;
`(c) counsel for any Plaintiff State for as long as the Plaintiff State remains a plaintiff
`in the Government Action, including any attorneys, paralegals, other professional personnel
`employed by the Plaintiff State (including economists, technologists, IT support, and IT staff), and
`agents or independent contractors retained by the Plaintiff State to assist in this Action whose
`functions require access to the Confidential Information;
`(d) the Parties’ Outside Counsel in this Action, including any attorneys, paralegals,
`other professional personnel employed by the Parties’ Outside Counsel (including economists,
`technologists, IT support, and IT staff), and agents, consultants, or independent contractors
`retained by the Parties’ Outside Counsel to assist in this Action whose functions require access to
`the Confidential Information;
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`(e) Apple’s Designated In- House Attorneys to whom such disclosure is reasonably
`necessary for this Action, provided that each such person has agreed to be bound by the provisions
`of the Protective Order by signing a copy of Appendix A;
`(f) In addition to Apple’s Designated In -House Attorneys, no more than four (4) In-
`House Attorneys of Apple to whom such disclosure is reasonably necessary for this Action,
`provided that each such person has agreed to be bound by the provisions of the Protective Order
`by signing a copy of Appendix A;
`(g) No more than five (5) officers or employees of Apple who participate in decision-
`making with respect to this Action or who are persons with whom counsel finds it reasonably
`necessary to consult in the course of preparing Apple’s defense in this Action, provided that each
`such person has agreed to be bound by the provisions of the Protective Order by signing a copy of
`Appendix A. Such individuals will be disclosed to lead plaintiffs’ counsel, as appointed by the
`Court (see Dkts. 35 and 57) (“Lead Plaintiffs’ Counsel”), and Intervening Non-Parties at least ten
`(10) business days prior to the effective date of designation and agreed upon by the Parties and
`Intervening Non-Parties or (in the absence of an agreement) designated by the Court. To the extent
`Apple seeks to replace any individual designated under this provision, Apple must provide notice
`to Lead Plaintiffs’ Counsel and Intervening Non-Parties at least ten (10) business days prior to the
`desired effective date of such change, and the replacement must be agreed upon by the Parties and
`Intervening Non-Parties or (in the absence of an agreement) designated by the Court. Designation
`to any Producing Party that is not a Party or an Intervening Non-Party will be made at least ten
`(10) business days prior to the disclosure of any Confidential Information.
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`(h) an author or recipient of the document to whom disclosure of the Producing Party’s
`Protected Material is reasonably necessary, provided that they have agreed to be bound by the
`provisions of the Protective Order by signing a copy of Appendix A;
`(i) a deponent or witness in this Action who is an officer or employee of a Producing
`Party, provided that only the Protected Material of that Producing Party is disclosed, the disclosure
`is reasonably necessary, and the deponent or witness has agreed to be bound by the provisions of
`the Protective Order by signing a copy of Appendix A;
`(j) outside vendors or service providers (such as copy-service providers and document-
`management consultants) retained by a Party to assist that Party in this Action, to whom such
`disclosure is reasonably necessary, provided that (i) an authorized representative first executes an
`Agreement Concerning Confidentiality in the form attached in Appendix A, and (ii) all employees
`of such outside vendor or service provider are subject to confidentiality obligations as part of their
`employment that would maintain the protection afforded under this Order;
`(k) any special master, mediator, arbitrator, trustee, or monitor that the Parties engage
`in this Action or that this Court appoints;
`(l) any Person retained by a Party to serve as a testifying or consulting expert in this
`Action, including employees of the firm(s) with which the expert or consultant is associated and
`independent contractors who assist the expert’s work in this Action, the identity of whom needs
`not be disclosed, provided that: (i) disclosure is only to the extent necessary to perform such work;
`(ii) they first execute an Agreement Concerning Confidentiality in the form attached in Appendix
`A; and (iii) such expert or consultant is not a current officer, director, o