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Episode 12 of Greenberg Traurig's Trade Secret Law Evolution Podcast Explores Trade Secret Identification and Whether After-the-Fact Protections Work

LOS ANGELES – Nov. 19, 2019 – Global law firm Greenberg Traurig, LLP released Episode 12 of its Trade Secret Law Evolution Podcast, which recently reached the top spot among trade secret law podcasts on iTunes. Episode 12 is titled “Focusing Trade Secret Identification and Whether After-the-Fact Protections Work.” 

Co-hosted by Greenberg Traurig Shareholder Jordan D. Grotzinger and Associate Kevin J. Cole, Episode 12 is a discussion of two cases that develop the key issue of trade secret identification, and a case addressing whether after-the-fact conduct can constitute reasonable measures to maintain secrecy.

Select takeaways:

  • It always helps to name files or categories of documents when identifying a trade secret at the pleading stage.  
  • When identifying a trade secret, resist the urge to use lawyer-speak such as “and other confidential information.”  At best it can dilute, and at worst, defeat your ostensible trade secret identification.  That is  common sense.  If you use language such as “including but not limited to,” you imply there are other trade secrets that you have not identified.  
  • Asking for the return of confidential information after the fact does not constitute a reasonable measure to maintain secrecy.  You need to take affirmative steps; you can’t “reverse engineer” protection.

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.