May 14, 2019 Articles

Early (and Detailed) Disclosure of Trade Secrets: The Battle at the Heart of Trade Secrets Litigation

The cases are not uniform and continue to provide plenty of ammunition for both sides.

By David M. Caves

At the heart of any trade secrets litigation is the question of what was misappropriated. In this respect, trade secrets are unique. Other forms of intellectual property (IP)—patents, trademarks, copyrights—are defined through the registration process, so litigants typically know what they are fighting over, even if everything else is in dispute.

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