He New York City Bar Association Committee Exchange Of Confidential Information Page 12
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15permission of the Producing party or further order of the Court with respect to dissolution
or modification of any the Stipulation. The provisions of this Stipulation shall, absent
prior written consent of both parties, continue to be binding after the conclusion of this
action.
19.
Nothing herein shall be deemed to waive any privilege recognized by law, or shall be
deemed an admission as to the admissibility in evidence of any facts or documents
revealed in the course of disclosure.
20.
Within sixty (60) days after the final termination of this litigation by settlement or
exhaustion of all appeals, all Confidential Information produced or designated and all
reproductions thereof, shall be returned to the Producing Party or shall be destroyed, at
the option of the Producing Party. In the event that any party chooses to destroy physical
objects and documents, such party shall certify in writing within sixty (60) days of the
final termination of this litigation that it has undertaken its best efforts to destroy such
physical objects and documents, and that such physical objects and documents have been
destroyed to the best of its knowledge. Notwithstanding anything to the contrary, counsel
of record for the parties may retain one copy of documents constituting work product, a
copy of pleadings, motion papers, discovery responses, deposition transcripts and
deposition and trial exhibits. This Stipulation shall not be interpreted in a manner that
would violate any applicable cannons of ethics or codes of professional responsibility.
Nothing in this Stipulation shall prohibit or interfere with the ability of counsel for any
party, or of experts specially retained for this case, to represent any individual,
Stipulation and Order for the Production and Exchange of Confidential Information created by
the New York City Bar Association’s Committee on State Courts of Superior Jurisdiction
available at reports/
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