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ARTICLE · 25 JUNE 2018

Revised Trade Secrets Disclosures May Be Costly

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In some cases, there may be a severe cost – even a monetary cost – for plaintiffs who seek to materially amend their trade secrets disclosure following discovery.

United StatesIntellectual Property
Michael D. Weil
Michael D. Weil
Alex Fields
Alex Fields
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In some cases, there may be a severe cost – even a monetary cost – for plaintiffs who seek to materially amend their trade secrets disclosure following discovery.  This is what happened to the plaintiff, Swarmify, in its lawsuit against Cloudflare, now pending in the U.S. District Court for the Northern District of California.

As we reported previously, on February 27, 2018, the court in this case denied Swarmify's motion for a preliminary injunction for failure to show irreparable harm.  At that time, the court commented that Swarmify's trade secrets disclosure, produced pursuant to California Code of Civil Procedure Section 2019.210, was severely overbroad and "ever-shifting," which the court characterized as a "blatant abuse of the system."

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