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3d Cir 7th Cir admissible ADR Rule Agent Orange amended anticipation of litigation apply arbitration asserted attorney Barton Big O Tire burden Civil Procedure claim common law conduct confidential communication confidential information Corp corporate counsel court records Crime or Fraud criminal defendant disclosed disclosure discovery materials discovery of expert discretion dispute district court documents environmental audit report Evidence Rule 408 expert opinion fact federal court Federal Rules Feldberg filed grand jury hearing Hickman Indiana Rule issue judicial lawyer legal advice Liggett Group limited Litigation Attorney-Client Privilege mediation motion obtained Orenstein Keeping Secrets person Pfizer plaintiff Preserving Confidentiality pretrial pretrial discovery privileged communications proceedings product doctrine Product Liability protective order provides public access questions request Rule 76a Rule of Civil sealing order secrecy Secrets in Litigation settlement agreement settlement negotiations Seventh Circuit Supreme Court testify testimony trade secret trial court Trial Rule 26 waived Waiver Zomax