Question

How is discovery similar and different relative to privacy and the issue of publicity?

Answer 1

In the context of a traditional dispute, "discovery" is a formal legal procedure where financial and other relevant information is provided by the parties involved in the dispute. This opening involves the use of deposits (for example, taking official evidence before a court reporter). It also includes summoning court documents and materials. The findings also involve hiring of professionals such as psychologists, evaluators, assessment experts.

The privacy and publicity issue that companies may have about traditional litigation processes is that key trade secrets, important information, and secrets related to corporate strategy and leadership can be made known to people. Outside of the company and therefore no longer a secret. This can address the core competencies of companies as many companies gain their sustainable competitive advantage based on trade secrets and other confidential information. When confidential information is released, the firm's ability to use this advantage or strategy is greatly eliminated and this will weaken the company's long-term benefits.