The Trend Toward Requiring Plaintiffs To Identify Trade Secrets Early In Litigation

A good article in BNA by Eric W. Schweibenz and Lisa M. Mandrusiak argues that the recent trend in trade secret litigation has been to require plaintiffs to state with specificity early in litigation what trade secrets they claim the defendants stole.  This prevents "fishing expeditions," where plaintiffs bring vague claims for misappropriation of trade secrets in the hope that they'll find something solid when they obtain documents and other information from defendants in discovery.  It also helps defendants decide what is relevant when responding to discovery requests from plaintiffs and helps defendants prepare a defense.  Ultimately, the requirement can help resolve cases faster because the defendants know earlier what the case is about and the strength of their defense.