Intellectual Property,
Civil Litigation
Oct. 6, 2021
Timing is everything: Pre-discovery identification of trade secrets in California state and federal district courts
Timing can be crucial when it comes to discovery in trade secrets cases. At one end of the spectrum, discovery might be permitted to proceed before a plaintiff specifically identifies the trade secrets at issue, resulting in broad discovery and a plaintiff then tailoring its claims based on information that it finds during the discovery process — i.e., the classic fishing expedition.
Timing can be crucial when it comes to discovery in trade secrets cases. At one end of the spectrum, discovery might be permitted to proceed before a plaintiff specifically identifies the trade secrets at issue, resulting in broad discovery and a plaintiff then tailoring its claims based on information that it finds during the discovery process -- i.e., the classic fishing expedition. At the other end of the spectrum, discovery may proceed only after the plaintiff ide...
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