Pleading And Identifying Trade Secrets In Calif.

Law360, New York (October 24, 2013, 5:13 PM EDT) -- The initial stage of a trade secrets case is critical. The complaint not only gives the defendant initial notice of “facts” regarding the alleged trade secrets and how they were supposedly misappropriated, but it also often serves as the launching point for an early motion for a temporary restraining order or preliminary injunction.

California has a unique statutory requirement: The plaintiff must identify its trade secrets with “reasonable particularity” before starting discovery.[1] Cal. Civ. Proc. Code § 2019.210. A plaintiff who proffers an inadequate trade secret...
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