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Summary Judgment › Discovery › Misappropriation

Proskauer - California Employment Law

9th Circuit Clarifies DTSA Trade Secret Disclosure Requirements

Proskauer - California Employment Law on

The Ninth Circuit recently held that the Defend Trade Secrets Act (“DTSA”) does not require plaintiffs to identify their allegedly misappropriate trade secrets with reasonable particularity at the outset of discovery—much...more

Mintz - Intellectual Property Viewpoints

The Trade Secret Test Is Coming: Are You Ready? Recent Decisions Reveal the Cost of Poor Preparation

Mintz - Intellectual Property Viewpoints on

Too many companies treat trade secret identification as something they can fix later, usually once litigation is underway. But by the time a claim is filed, it is already too late to build the evidentiary foundation you need....more

Proskauer - Trade Secrets

9th Circuit Clarifies Trade Secret Disclosure Requirements Under The DTSA

Proskauer - Trade Secrets on

The Ninth Circuit recently held that the Defend Trade Secrets Act (“DTSA”) does not require plaintiffs to identify their allegedly misappropriate trade secrets with reasonable particularity at the outset of discovery—much...more

Brownstein Hyatt Farber Schreck

Ninth Circuit Clarifies DTSA’s “Sufficient Particularity” for Identifying Trade Secrets

Brownstein Hyatt Farber Schreck on

Trade secret litigation under the Defend Trade Secrets Act (DTSA) continues to evolve within the Ninth Circuit....more

Skadden, Arps, Slate, Meagher & Flom LLP

9th Circuit Ruling Offers Guidance on Timing of Trade Secrets Disclosures in DTSA Cases

Skadden, Arps, Slate, Meagher & Flom LLP on

On August 12, 2025, the U.S. Court of Appeals for the Ninth Circuit reversed a district court ruling striking certain trade secrets asserted by a plaintiff on the grounds that the plaintiff had not spelled out its trade...more

McDermott Will & Schulte

No specifics, no case? DTSA trade secret disclosure timing differs from CUTSA

McDermott Will & Schulte on

The US Court of Appeals for the Ninth Circuit found that a district court abused its discretion by striking several of the plaintiff’s trade secrets, concluding that the court improperly relied on Rule 12(f) and failed to...more

WilmerHale

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: January 2025

WilmerHale on

This month’s cases involve a cert petition to the U.S. Supreme Court on the extraterritorial application of the federal Defend Trade Secrets Act, a matter of first impression before the Court of Federal Claims, and a reminder...more

Sheppard Mullin Richter & Hampton LLP

Trade Secret Takeaways from the Ninth Circuit’s Decision in InteliClear, LLC v. ETC Global Holdings, Inc.

Sheppard Mullin Richter & Hampton LLP on

Courts often require a plaintiff to identify a trade secret with reasonable particularity before commencing discovery (and it is a statutory obligation in California). But frequently a trade-secret plaintiff does not know...more

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