Hastings Law Journal


The California courts frequently have determined the rights of parties to trade secrets disclosed by an employer to an employee. Nonetheless, despite this extensive litigation, the courts have not developed a cohesive body of case law, applying instead different proof requirements in customer list trade secrets cases than in other types of trade secrets cases. This Note analyzes these differing requirements, focusing particularly on list trade secrets to highlight the misinterpretation of the law in that area, and advocates the adoption of a uniform proof requirement applicable in all employer-employee trade secrets litigation which balances the competing interests of the parties.

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