A bill (S.B. 2149) introduced in Illinois would amend the state’s trade secrets act to prevent litigants in trade secrets cases from redefining what they consider to be intellectual property in the middle of a trial. This tactic has been used to hide information from opposing counsel.

S.B. 2149 would require that plaintiffs in legal actions set out what they believe to be intellectual property in writing before the discovery phase, which is not currently required; this provision would require that the trade secrets be identified with “reasonable specificity.” The declaration could only be altered for good cause, within 180 days of the original disclosure but before the close of discovery, and with the permission of the court.