Intellectual Property,
9th U.S. Circuit Court of Appeals
Apr. 21, 2021
InteliClear and the future of CUTSA’s pre-discovery requirements in federal court
As California practitioners know, Section 2019.210 of the California Uniform Trade Secrets Act requires that “before commencing discovery relating to the trade secret, the party alleging the misappropriation shall identify the trade secret with reasonable particularity.”
Carolyn Hoecker Luedtke
Litigation Partner
Munger Tolles & Olson LLP
560 Mission St Fl 27
San Francisco , ca 94105
James R. Salzmann
Litigation Associate
Munger, Tolles & Olson LLP
Phone: (213) 683-9100
Email: james.salzmann@mto.com
As California practitioners know, Section 2019.210 of the California Uniform Trade Secrets Act requires that "before commencing discovery relating to the trade secret, the party alleging the misappropriation shall identify the trade secret with reasonable particularity." This state statutory rule has long served both as a gating mechanism for plaintiffs -- limiting access to competitors' information absent a sound basis -- and as a set of guideposts for courts and def...
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