Identifying Trade Secrets Prior to Discovery in Litigation – San Diego Trade Secret Lawyer

Plaintiffs and Defendants typically have conflicting interests when it comes to identifying allegedly misappropriated trade secrets in litigation.  Whereas Plaintiffs often prefer to avoid identification of the trade secrets at issue in a case, Defendants hope to gain that very information with reasonable particularity in order to strengthen their defense.

California expressly addresses a Defendant’s concern in this regard.  Realizing that a Defendant in trade secret litigation needs to frame its case and fully develop its defenses, the legislature enacted California Code of Civil Procedure §2019.210, which states, in relevant part,