A recent opinion issued by a U.S. Magistrate Judge for the District of Colorado with respect to a discovery dispute in a trade secret misappropriation case may please defense counsel, but create headaches for plaintiffs’ lawyers, because the Court set harsh pleadings standards that plaintiffs must meet. The Court seems to have been more sympathetic (a) to the defendants’ and the court’s desire

Continue Reading Colorado Magistrate Judge Outlines Stringent Pleading Requirements Which Must Be Satisfied Before Plaintiffs Alleging Trade Secret Misappropriation Can Compel Responses To Discovery Requests; Judge Also Encourages Filing Pleadings Under Seal

Distinguishing between continuing misappropriation of one trade secret and separate misappropriations of related trade secrets can be a daunting task. The Supreme Court of Colorado recently held that, for statute of limitations purposes, the distinction may be inconsequential where misuse occurs on disparate occasions but the proprietary information was disclosed to the same person at substantially the same time, and in furtherance

Continue Reading Colorado Statute of Limitations For Misappropriation Of A Trade Secret Begins To Run Upon Knowledge That It, Or Even A Related Trade Secret, Has Been Misappropriated