Articles

Effective Counsel Must Understand Poorly-defined Trade Secrets Litigation Procedures

June 15, 2015

"When an employee leaves his or her employer to work for a competitor, or when a business venture dissolves or splinters under unhappy circumstances and one of the principals in the venture starts a competing venture, a lawsuit for misappropriation of trade secrets under the Uniform Trade Secrets Act, codified in California at California Civil Code sections 3426, et seq., is a common outcome.

The purpose of this article is to explore some questions left unanswered by a procedural requirement that is unique to trade secrets litigation—the requirement that the trade secret be defined before discovery commences. The unanswered questions present numerous pitfalls for attorneys unaware of the nuances of trade secrets litigation. " Read more...