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Episode 11 of Greenberg Traurig's Trade Secret Law Evolution Podcast Tackles Statute of Limitations, Trade Secret Identification, Protecting Trade Secrets in Public Proceedings

LOS ANGELES – Nov. 8, 2019 – Global law firm Greenberg Traurig, LLP released Episode 11 of its Trade Secret Law Evolution Podcast, titled “Major Decision on Statute of Limitations, the Continuing Evolution of Trade Secret Identification, and Protecting Your Trade Secrets in Public Proceedings.” Recently, the podcast reached the top spot among trade secret law podcasts on iTunes.

Co-hosted by Greenberg Traurig Shareholder Jordan D. Grotzinger and Associate Vanessa C. Krumbein, Episode 11 addresses a major case from the California Court of Appeal on statute of limitations. The episode also discussed trade secret identification in the context of a high-profile criminal case, and how to protect trade secrets from becoming public in court proceedings.

Select takeaways:

  • A Plaintiff need not be aware of the specific facts for the statute of limitations to start running.
  • The Court has viewed trade secret misappropriation as a single act for statute of limitations purposes, so separate acts will not make separate limitations periods run.  
  • It appears that a Plaintiff need not have enough evidence to support its case; reasonable suspicion may be all it takes.  
  • A best practice in identifying trade secrets is to do so with enough specificity to distinguish them from public information.    
  • In court proceedings, you may need to walk the sometimes-fine line between sufficiently identifying trade secrets and keeping them secret, using tools like generic names, redaction and filing under seal when necessary.

The Trade Secret Law Evolution Podcast is designed to help business leaders, in-house counsel, and entrepreneurs stay current on trade secret law, to help them protect their companies’ most valuable assets. Each episode addresses recent developments in the law and concludes with key takeaways. The podcast is available on the Greenberg Traurig website, as well as on Apple Podcasts, Stitcher, and Spotify.

The Trade Secret Law Evolution Podcast was created by Grotzinger, who co-chairs the law firm’s Los Angeles Litigation Practice. Grotzinger is a business trial lawyer focusing on trade secret law, consumer class action defense, financial services, and entertainment litigation in federal and state courts. 

Links to select prior episodes :

About Greenberg Traurig, LLP: Greenberg Traurig, LLP (GT) has approximately 2100 attorneys in 41 locations in the United States, Latin America, Europe, Asia, and the Middle East. GT has been recognized for its philanthropic giving, diversity, and innovation, and is consistently among the largest firms in the U.S. on the Law360 400 and among the Top 20 on the Am Law Global 100. Web:  Twitter: @GT_Law.