How to Maintain the Secrecy of Your Trade Secrets During Litigation: Part I

摘要

A lawsuit for misappropriation of trade secrets can be an effective way to minimize the damage resulting from the theft of a plaintiff's confidential information. In a theft of trade secrets case, a plaintiff must prove that:(i) Its claimed trade secrets really are trade secrets;(ii) Its trade secrets are valuable; and(iii) The defendant misappropriated those trade secrets.The plaintiff must prove all of this while being careful not to forfeit the secrecy of its confidential information. But if the plaintiff (or defendant) fails to follow proper steps to protect its confidential information, it runs the risk of inadvertent disclosure of the very information meant to be kept confidential.