3/x - In a dry IP case, this prob makes sense. You assume its all #confidential by default & people can't just sue a biz to learn their secrets & exploit that info. However, the #Constitution is very clear that logic is irrelevant in public policy cases like #labor disputes

When one side wants to conceal misconduct, they insist on these orders. Then a public policy lawyer fights it. The court has to hear full #FirstAmendment briefing & Judge can't ok an order w/out detailing why its justified.

2/x - In commercial lit, its expected to have some discovery docs that need to be kept #confidential & returned at the end, and if so the court may issue a sort of ad hoc NDA-type order about those records. In IP cases, may issue a "blanket" order on all docs

The "protective order" can apply to info learned during #discovery, not just docs. Its presented as a procedural tool that explains the process for disputing claims, but also includes a temporary gag order issued at the will of either side