Legal Question in Business Law in Iowa

Re: trade secrets

You raise an interesting question.

In Iowa discovery can be had of all evidence that is relevant and necessary for a litigant to prepare their case.

However, you are entitled to file a motion for an order of protection of trade secrets restricting their disclosure and/or asking that they be restricted in some way. Trade secrets are defined under Iowa Code 550.4

The court will determine whether such information is a trade secret.

As a practical matter of trial strategy, I think I would probably deny the request for the customer list and let the opposition raise the issue in a motion to compel. That way, the burden's on them to come up with some facts showing why they should have it.

They'd have to prove it ISN'T a trade secret rather than you having to prove it IS.

It's always best if someone else has the burden.

The relevant case law is laid out in Mediacom Iowa LLC v. Inc. City of Spencer, 682 N.W.2d 62 (Iowa 2004).

Drop me a line and let me know how you make out.