Giving away your Trade Secrets to protect them?

California Code of Civil Procedure Section 2019. 210 is something to consider if you want to pursue trade secret litigation, especially if you are the one alleging the trade secret misappropriation. California’s Section 2019. 210 requires that the party alleging the misappropriation must identify the allegedly stolen trade secret “with reasonable particularity” before commencing discovery in litigation.

This may not seem as a problem right away, but imagine being in the following situation. Your company has three key trade secrets. One of your employees decides to leave your company and work for your competitor. She also takes a briefcase full of documents with her, but you do not know which documents she took. In order to sue the former employee and get any discovery in the case, you must identify those stolen trade secrets. Now, the question is whether you should give away all three trade secrets, or only two. What if you identify two trade secrets and the employee only had one? Clearly, the person alleging the trade secret misappropriation faces a lot of trouble.

On the other hand, Section 2019. 210 can be a powerful weapon to fight frivolous lawsuits and discovery requests. However, the key point here is that if you are looking to file a trade secret misappropriation case, you should probably consider other options before starting a lawsuit.

Source referenced: JD Supra

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