LOS ANGELES – Feb. 14, 2020 – Global law firm Greenberg Traurig, LLP released Episode 17 of the Trade Secret Law Evolution Podcast, titled "Identifying Trade Secrets for an Injunction, Inevitable Disclosure, and Preemption Issues."
The episode and the full catalog of recorded episodes are approved for CA self-study CLE credit.
In Episode 17, Greenberg Traurig Shareholders Jordan D. Grotzinger and Ashley M. Farrell Pickett discuss how to (or how not to) define trade secrets in an injunction proceeding, the Inevitable Disclosure doctrine, and preemption under the California Uniform Trade Secrets Act, including whether it can apply when the plaintiff has not asserted a trade secret claim.
Key takeaways include:
- The definition of a trade secret in injunction proceedings should be specific and consistent between the complaint, briefs and argument. Things like “details, ingredients and processes” are too vague, especially if you’re talking about information in someone’s head, as opposed to on a piece of paper or a file that a Defendant stole. Bottom line, a court needs to know what it is enjoining.
- In inevitable disclosure cases, Plaintiff must show a high probability of inevitable disclosure. It’s not enough that Plaintiff knows certain trade secrets, which she often can’t help. Strong circumstantial or direct evidence is required.
- CUSTA claims preempt other, non-contractual civil claims that arise from the same nucleus of facts as a trade secret claim – even if the confidential information doesn’t arise to the level of a protectible trade secret.
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 Greenberg Traurig’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:
- California CLE Eligibility, the Tangibility of a Trade Secret, How Fast to Cut off Terminated Employee Access and More
- What Constitutes a Trade Secret, the Meaning of Misappropriation, and Uniform Trade Secret Act ‘Preemption’
- The Year in Review
- Lettuce, Baseball, and Circumstantial Evidence
- Focusing Trade Secret Identification and Whether After-the-Fact Protections Work
- Major Decision on Statute of Limitations, the Continuing Evolution of Trade Secret Identification, and Protecting Your Trade Secrets in Public Proceedings
- The Fact-Intensive Nature of Trade Secret Cases
About Greenberg Traurig, LLP: Greenberg Traurig, LLP (GT) has approximately 2,200 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: www.gtlaw.com Twitter: @GT_Law.