How Courts Approach Trade Secret Identification: Part 2

By Mark Klapow, Julia Milewski and William Pellett (August 16, 2018, 12:29 PM EDT) -- As discussed in the first part of this article, early trade secret identification is a thorny issue. Courts and commentators have not reached consensus on the need for early identification, the process for early identification or the ramifications of failure to do so. The answers to those questions begin with an understanding of the purpose of early trade secret identification.

The Purpose of Early Trade Secret Identification

The purpose of early trade secret identification is simple: notice. In any litigation, the defendant is entitled to understand the factual and legal bases for the claims against it. Ordinarily, this can be accomplished...

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