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Preparing a Trade Secret Case for Resolution

Successful trade secret litigation requires early and precise identification of the trade secrets, careful analysis of forensic evidence, thorough preparation of key witnesses and experts and strategic evaluation of the case to position it for mediation or trial.

Trade secret cases require a trial lawyer’s strongest analytic and advocacy skills, along with detailed strategic planning. As the plaintiff, define and refine your trade secrets early and often, ultimately condensing them to the top five to 10. Both sides will dive into the forensic evidence to prove or disprove the technical development evidence, looking for any signs of shortcuts or misappropriation. Fully prepare your key witnesses: the inventor and a leading technical expert. And consider retaining a neutral evaluator to independently test your theories and themes. These steps will enable you to present the strongest case for resolution at mediation or trial.   

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Successful trade secret litigation requires early and precise identification of the trade secrets, careful analysis of forensic evidence, thorough preparation of key witnesses and experts and strategic evaluation of the case to position it for mediation or trial.

Trade secret cases require a trial lawyer’s strongest analytic and advocacy skills, along with detailed strategic planning. As the plaintiff, define and refine your trade secrets early and often, ultimately condensing them to the top five to 10. Both sides will dive into the forensic evidence to prove or disprove the technical development evidence, looking for any signs of shortcuts or misappropriation. Fully prepare your key witnesses: the inventor and a leading technical expert. And consider retaining a neutral evaluator to independently test your theories and themes. These steps will enable you to present the strongest case for resolution at mediation or trial.   

Full article below:

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