Thompson Coburn partner Andrew McKeon authored a new article in IAM exploring the evolving standards for trade secret identification under the Defend Trade Secrets Act (DTSA), following the Ninth Circuit’s decision in Quintara Biosciences v. Ruifeng Biztech.
“The most litigated issue in any trade secret case is whether the claimant identified its asserted trade secrets with sufficient particularity,” Andrew wrote. He explains that Quintara makes clear that under the DTSA—unlike the California Uniform Trade Secrets Act (CUTSA)—plaintiffs are not required to meet a high specificity threshold before discovery begins.
Attributing this shift to the Ninth Circuit’s emphasis on discovery-driven case management, he wrote that this “distinction represents an important development for practitioners navigating both statutes.”
Andrew detailed how Quintara may serve as a persuasive authority nationwide, influencing how courts balance early disclosure with fair discovery in trade secret litigation.
Read the full article here (registration required).