3-Step Process to Determine Production of Document under Trade Secret Privilege

During the discovery phase of litigation, a party will serve a request for documents on the opposing party. The request for documents will include numerous categories of documents. The responding party will then identify whether it will produce the documents or whether it will not due to a privilege or another legal objection. A hearing will then need to be conducted to determine the merits of the privilege or objection. One such privilege a party may raise is that the requested documents fall within the trade secret privilege. Such documents would be itemized on a privilege log and would identify trade...