California Appellate Court Rules That Trade Secrets Must Be Identified with Reasonable Particularity
In California, employers litigating claims for misappropriation of trade secrets must identify those trade secrets with “reasonable particularity” before pursuing discovery. See Cal. Civ. Proc. Code § 2010.210. There is frequently an early litigation battle over what "reasonable particularity" means. Earlier this month, a California Appellate Court recently analyzed this principle in Perlan Therapeutics, Inc. v. Superior Court (Nexbio, Inc.). The Court initially emphasized the trial court’s broad discretion under section 2019.210. The Court also warned against the use of catch-all language in the identification statement to preserve the ability to add additional trade secrets to the list after the plaintiff has commenced discovery.
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