This conversation addresses the alarming prevalence of litigation involving frivolous claims about confidential information and/or trade secrets. Over the past ten to twenty years, corporate America has increasingly adopted this type of litigation as a weapon for suppressing fair and ordinary competition. The new playbook/strategy: Sue for theft of trade secrets. Cripple the other side through legal fees. Bury the other side in discovery. Use discovery to obtain competitive intelligence on the rival's business. And use the litigation as a weapon to freeze the defendant out of the market and prevent other market actors from engaging with the defendant.

One of the best strategies for addressing this sort of bad faith trade secret litigation, especially where the plaintiff has weaponized it in the relevant market: Counter lawsuits for defamation and/or false advertising.