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