Defending Trade Secrets In The E-Discovery Era

Law360, New York (November 1, 2011, 12:03 PM EDT) -- Any company that finds itself the defendant in a trade secrets case probably understands the following conflict: The defendant wants the plaintiff to identify its allegedly stolen trade secrets immediately and to stay bound to that description, while the plaintiff often resists identifying its trade secrets until it reviews the defendant’s internal documents. This conflict is even more pronounced in the e-discovery era.

The hopeful plaintiff may argue that by performing key-word searches across thousands or millions of the defendant’s emails it can find some evidence...
To view the full article, register now.