Tips For Spoliation Claims In Trade Secret Cases

Arent Fox Partners Linda Jackson, Dana Finberg and Associate Nadia Patel recently published an article with Law360 discussing how a judge in the U.S. District Court for the Northern District of California determined that defendants in a trade secret lawsuit engaged in intentional, bad faith spoliation, and ordered the harshest of remedies — default judgment and attorney fees.

As businesses move toward the complete digitization of information, spoliation issues are increasingly arising in the context of trade secret litigation. The decision in WeRide Corp. v. Kun Huang is a great example of how plaintiffs can use spoliation offensively to obtain not only an advantage, but a complete win.

This article provides tips on how to detect and identify spoliation, how to establish spoliation before a judge or arbitrator, and how to use the various available remedies to achieve a positive result for your client in a trade secret lawsuit.

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