Concerns raised by lawyers regarding the disclosure of their nonparty clients' sensitive documents can be adequately addressed by filing a motion to intervene, as suggested by U.S. District Judge Iain D. Johnston. Lawyers representing original equipment manufacturers involved in the antitrust case against Deere & Co. are encouraged to refer to Moore's Federal Practice for guidance on this process. Johnston recognized that while the intervention rule may not perfectly apply, he prefers this approach over direct communication with the court. Humorously critiquing other judges' standing orders, he expressed a willingness to engage with counsel directly.
Johnston humorously advised lawyers to consult Moore's Federal Practice and file a motion to intervene if concerned about disclosing nonparty clients' sensitive documents.
The judge acknowledged that the federal rule on intervening wasn't a perfect fit for nonparty clients but referenced helpful precedents supporting the motion process.
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