Lawyers
Litigation partner Randy Luskey and counsel Hallie Goldblatt discuss the question of whether a plaintiff has adequately identified a trade secret throughout the course of a litigation in a Daily Journal article published on October 5. In “What’s the Secret?” Randy and Hallie examine Equate Media, Inc. v. Suthar, a recent decision out of the Central District of California, noting that the case serves as a valuable lesson for plaintiffs to identify trade secrets with particularity at every stage of litigation.
“Plaintiffs should remember that surviving dismissal and discovery does not mean that they have carried their identification burden for all time,” Randy and Hailey note. “By contrast, at every stage of litigation, defendants should carefully scrutinize the alleged trade secrets and force plaintiffs to identify them with particularity, beyond generic categories or labels. A lack of particularity may be dispositive at summary judgement or trial, even if the claims survive a motion to dismiss.”
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