Law

Discovery: Advance Technology Consultants, Inc. (ATC), contracted with RoadTrac, LLC, to provide software and clients software system for the products of global positioning satellite (GPS) technology being developed by RoadTrac. RoadTrac agreed to provide ATC with hardware with which ATC’s software would interface. Problems soon arose, however. ATC claimed that RoadTrac hardware was defective, making it difficult to develop the software. RoadTrack contended that its hardware was fully functional and that ATC had simply fail to provide supporting software. ATC told RoadTrac that it considered their contract terminated. RoadTrac filed a suit in a Georgia state court against ATC alleging breach of contract. During discovery, Roadtrac  requested ATC’s customer list and marketing procedures. ATC objected to providing this information because RoadTrac and ATC had become competitors in the GPS industry.

Should a party to a law suit have to hand overs its confidential business secrets as part of a discovery request? Why or why not?

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What limitations might court consider imposing before requiring ATC to produce this material? (see pretrial procedures).

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