Tuesday, March 28, 2006

Tricks of the Trade Secret Case

In "Tricks of the Trade Secrets Case," Victoria A. Cundiff writes that attorneys can often focus on the wrong secret. She cites the example of a key sales person leaving a company. "The first 'secret' that may come to mind is the customer list," she writes. "The reality may be, however, that the customer list itself is not, or is just barely a trade secret." She suggests considering the following points in preparing your case:
Is It Really A Trade Secrets Case At All?
If It Is A Trade Secrets Case, Define The Secret
What Is The Dispute Really About?
Which Part Is The Secret Part?
Don't Put Too Many Secrets At Issue
Consider The Character Question
Sue In The Right Court
Don't Sue Too Late
Don't Sue Too Early
Don't Wait For Others To Take Action
Choose Defendants Carefully
Think About The Protective Order
Don't Overlook Inside Experts
Consider Outside Experts, Too
Don't Get Buried In The Details
Tailor The Injunctive Relief Requested
Policing The Injuction
Don't Overlook ADR
Anticipate Trouble

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