4-5 DRAFTING THE COMPLAINT OR PETITION

• Jurisdiction: United States

4-5 Drafting the Complaint or Petition

In drafting the trade secret complaint or petition, the plaintiff often faces the dilemma of identifying the trade secrets with sufficient particularity to properly plead a claim without having conducted enough discovery to truly grasp what information the defendant actually took or used. Trade secret defendants often respond to a plaintiff's complaint or petition by insisting that the trade secret allegations are simply not specific enough to show what, if anything, was misappropriated. The...