Page 93 - BrownActHandbook

(f) For purposes of this section, “health plan trade secret” means a trade secret, as defined in
subdivision (d) of Section 3426.1 of the Civil Code, that also meets both of the following
criteria:

(1) The secrecy of the information is necessary for the health plan to initiate a new service,
program, marketing strategy, business plan, or technology, or to add a benefit or product.

(2) Premature disclosure of the trade secret would create a substantial probability of depriving
the health plan of a substantial economic benefit or opportunity.

54956.9. Closed sessions concerning pending litigation; attorney-client privilege

(a) Nothing in this chapter shall be construed to prevent a legislative body of a local agency,
based on advice of its legal counsel, from holding a closed session to confer with, or receive
advice from, its legal counsel regarding pending litigation when discussion in open session
concerning those matters would prejudice the position of the local agency in the litigation.

(b) For purposes of this chapter, all expressions of the lawyer-client privilege other than those
provided in this section are hereby abrogated. This section is the exclusive expression of the
lawyer-client privilege for purposes of conducting closed-session meetings pursuant to this
chapter.

(c) For purposes of this section, “litigation” includes any adjudicatory proceeding, including
eminent domain, before a court, administrative body exercising its adjudicatory authority,
hearing officer, or arbitrator.

(d) For purposes of this section, litigation shall be considered pending when any of the
following circumstances exist:

(1) Litigation, to which the local agency is a party, has been initiated formally.

(2) A point has been reached where, in the opinion of the legislative body of the local agency on
the advice of its legal counsel, based on existing facts and circumstances, there is a significant
exposure to litigation against the local agency.

(3) Based on existing facts and circumstances, the legislative body of the local agency is
meeting only to decide whether a closed session is authorized pursuant to paragraph (2).

(4) Based on existing facts and circumstances, the legislative body of the local agency has
decided to initiate or is deciding whether to initiate litigation.

(e) For purposes of paragraphs (2) and (3) of subdivision (d), “existing facts and circumstances”
shall consist only of one of the following:

(1) Facts and circumstances that might result in litigation against the local agency but which the
local agency believes are not yet known to a potential plaintiff or plaintiffs, which facts and
circumstances need not be disclosed.

2025 Brown Act Handbook LozanoSmith.com 81