International Trade Commission
E Street, SW
Nondisclosure Confidentiality Agree
Authorized Representatives of Parties
– to be signed by each authorized representative of a party
(outside counsel) that will participate in mediation –
I, __________________________________, am an authorized representative of a party (outside counsel) in Investiga-
tion No. 337-TA-__________, intending to be legally bound, consent to the terms in this Agreement in consideration of
my being granted conditional access to certain information, including all communications (written or oral) provided by
the U.S. International Trade Commission (“Commission”) and the private parties to this investigation under section
337 of the Tariff Act of 1930, 19 U.S.C. § 1337, including all confidential business information provided in mediation.
1. I will not disclose communications made by other private parties in a joint session, unless otherwise required
2. All forms of communication (written or oral) are to be protected.
3. Communications of information that is otherwise public may be disclosed.
4. I will not make a verbatim recording of the mediation, such as an audiotape, videotape or stenographic record.
5. I, my firm, and any client that I represent in this investigation agree to hold the mediator harmless from any
claims or actions associated with the mediation.
6. The Commission investigative attorney may participate as a party to the investigation upon the request of the
parties. Otherwise, the Commission investigative attorney will not have knowledge of the contents of the medi-
ation proceedings, except that he or she may review any settlement agreement that arises from successful
mediation before advising the presiding administrative law judge about whether a settlement is in the public
7. I agree to comply with the provisions of the Alternative Dispute Resolution Act, 5 U.S.C. § 574, the Federal
Rules of Evidence, the Administrative Procedures Act, 5 U.S.C. § 551, 19 U.S.C. § 1337(n), and other applica-
ble laws, as well as the terms of this agreement. Outside counsel who have subscribed to the protective order
of the presiding administrative law judge will comply with any obligation under that order not to share confi-
dential business information with parties under representation, with executives or employees of parties under
representation, or with counsel who are not under the protective order of the presiding administrative law
8. If I am served with a subpoena or other demand, I will promptly advise the General Counsel of the Commission
of such service or demand, the nature of the documents or information sought, and all relevant facts or cir-
cumstances. I am aware that the Chairman of the Commission may assert privileges for the information de-
scribed above. See Touchy v. Regan, 340 U.S. 462 (1951). The General Counsel will defend the assertion of
privilege on behalf of the mediator and the Commission. If a court rules that I must comply with a demand
made upon me, I will respectfully ask the court to wait for the General Counsel to submit an explanation to the
court regarding the nature of the privilege being asserted.
________________________ ________________________ _______________________
Signature Title Date
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