The need for strict privacy arrangements was highlighted in the environmental product liability dispute, which culminated last week with a $US 236 million judgment against ExxonMobil. One of the applicant`s main witnesses was an expert who had previously worked as counsel to a defendant on projects directly relevant to the issues of the dispute and related to the defendant`s confidential information. The defendant did not require a confidentiality agreement from counsel during the project. The defendant attempted to prevent the complainant from having the expert in the complaint against him, but the court rejected the defendant`s request, largely due to the lack of a confidentiality agreement with the counsel. If the defendant had been genuinely interested in keeping the information confidential, the Court argued that it would have expressed its expectations in writing to the counsellor by inserting a confidentiality clause in the consulting contract. (c) The Advisor may not provide, disclose or report, or to any other federal, state or local government or authority, or to any other person or public or private entity, any work products or non-public information obtained or produced in accordance with this Agreement, without (i) express written permission from the Client or (ii) a judicial or administrative injunction that requires the disclosure of work products or non-public information obtained or produced in accordance with this Agreement. In the event that the advisor considers that he is required, under the legislation in force, to disclose a work product or non-public information, or that a judicial or administrative order is served on him requiring the disclosure of a work product or non-public information, he will immediately inform the client in writing and, in accordance with the client`s instruction, prior to the publication of such a summons or convocation. respond to the judicial administrative injunction, appeal or contest and cooperate fully with the client to respond to such a subpoena or a judicial or administrative injunction, challenge or challenge you. Increasingly, consultants are using the experience they have gained working for industrial clients as a springboard to sell this expertise later in lawsuits against these and other clients in the industry. .