Business leaders know that trade secret theft is a continuing significant business risk and that, at times, well-intentioned risk mitigation is unsuccessful. Some potential losses arise from relatively clear trade secret misappropriation events that suggest clear pathways for resolution. At other times, however, the available information is incomplete, and no matter what investigation may be conducted there is still uncertainty about whether misappropriation occurred.
If informal methods for resolution are unsuccessful, business leaders may question whether there is a path to address the potential loss formally, for example through litigation or arbitration.
Case law recognises that litigants need not have perfect information to seek redress, and recent trade secret cases address the propriety of a complaint when information may not be available at the time of filing. This article highlights the pleading strategies that may be considered to insulate a complaint from potential early dismissal.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.