2019.210

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By Joshua Salinas and Jessica Mendelson

A Florida District Court of Appeal recently confirmed that plaintiffs in trade secret misappropriation cases must identify their trade secrets with reasonably particularity before conducting discovery. AAR Mfg., Inc. v. Matrix Composites, Inc., No. 5D11–3802, 2012 WL 3870419 (Fla.App. 5 Dist., 2012). The Court of Appeal, however, rejected the notion that, as…
Continue Reading Florida Court Rejects Argument That Plaintiff Must Make “Threshold Finding” of Trade Secret Before Proceeding With Discovery

By Joshua Salinas

As a follow-up to yesterday’s blog entry about a new California trade secret designation decision, another important issue that trade secret litigators face is whether the pre-discovery trade secret identification requirements of California Code of Civil Procedure section 2019.210 apply in California federal court.  There is a split in authorities but recent cases suggest that California federal…

Continue Reading Does A Trade Secret Plaintiff Have To Disclose Its Trade Secrets Prior To The Commencement Of Discovery In California Federal Court?

The trend of some recent judicial decisions seems to reflect an increasing concern by courts that, notwithstanding trade secret misappropriation plaintiffs’ understandable reluctance to disclose proprietary information in more detail than absolutely necessary, they must describe with considerable specificity whatever is alleged to have been purloined. For example, a California district court ruled recently that “Whatever [the plaintiff] wishes to claim…

Continue Reading California Federal Court Holds That Trade Secret Misappropriation Defendant Need Not Respond To Plaintiff’s Discovery Requests Until Provided With Identification Of Information Claimed To Have Been Stolen

By Robert Milligan and Carolyn Sieve

As mentioned in a previous blog entry, the California Court of Appeal issued a significant trade secret decision earlier this year providing additional clarification concerning the trade secret identification disclosures which a party pursuing claims for trade secret misappropriation must make before commencing civil discovery in California state court.

The California Supreme Court…

Continue Reading Rambo’s Petition For Review Of Appellate Ruling Concerning Trade Secret Identification Statement Denied By California Supreme Court