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Can Defendants Access Trade Secrets?

By James A. DiBoise and Tait Graves
October 02, 2003

One of the most frustrating problems in defending a trade secrets lawsuit comes when the plaintiff refuses to agree that the accused defendant may have access to, and thus learn about, the specific alleged secrets the defendant is accused of misappropriating. There are, however, two arguments defense counsel can use to win a motion for access to that information ' a victory that alone can turn the momentum in the defendant's favor.

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