Something that those who are concerned about trade secrets need to keep an eye on. While there may be a backlash against over use of trade secrets in certain circumstances, the law has an unfortunate way of throwing out the baby with the bathwater on a routine basis. Of particular danger here would seem to be negative knowhow. From the article: AB 889 would solve this. It provides that in an action based upon the existence of a danger to the public health or safety, information relating to the danger that was discovered during the course of litigation cannot be kept secret in an agreement between the parties or a court order. There is a necessary exception, however, if a court finds that revealing the information would disclose “trade secrets.” A secret formula or design for a product is a trade secret; the dangers it poses are not.