Download or read book Identifying the Trade Secrets at Issue in Litigation Under the Uniform Trade Secrets Act and the Federal Defend Trade Secrets Act written by Richard F. Dole and published by . This book was released on 2017 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade secret litigation is both intensive and expensive. This article discusses the advantages and disadvantages of enabling a defendant to require a plaintiff to identify the trade secrets at issue early in the discovery process and protecting a defendant that does so from responding to discovery with respect to his or her trade secrets until the plaintiff has complied. This approach is fully consistent with, if not affirmatively compelled by, the Uniform Trade Secrets Act, which has been enacted in 47 states, and the federal Defend Trade Secrets Act, which became federal law in May, 2016, both of which were enacted to protect actual trade secrets. A special California statute has implemented this approach since 1985 and both federal and state judges have followed the approach in applying procedural discovery rules. Fairness to plaintiffs requires allowing amendment of a trade secret identification to reflect new information obtained through discovery and allowing plaintiffs to excuse early identification if a defendant wrongfully has stripped them of the ability to identify the trade secrets at issue by destruction or theft of records. Properly administered, the approach encourages pre-filing investigation of trade secret claims, facilitates judicial control of discovery in trade secret cases, gives defendants fairer notice of the charges against them, and provides earlier and shaper focus to trade secret litigation.
Download or read book The Law of Trade Secret Litigation Under the Uniform Trade Secrets Act written by J. Patrick Huston and published by American Bar Association Intellectual Property Law Section. This book was released on 2020 with total page 881 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The comprehensive analysis is accompanied by a synthesis of the Uniform trade secrets act case law determining the key trade secret issues as well as online synopses of each UTSA case, organized by the type of the alleged trade secret, the industry, and whether the trade secret owner won or lost"--ABA website.
Download or read book Trade Secret Case Management Judicial Guide written by Peter S. Menell and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the knowledge economy expanded and concerns about trade secret misappropriation mounted in the digital age, federal policymakers undertook efforts to reinforce trade secret protection a decade ago. These efforts came to fruition with passage of the Defend Trade Secrets Act of 2016 (DTSA). This landmark legislation, modeled on the Uniform Trade Secrets Act, elevated and expanded trade secret law's role in the federal intellectual property system. DTSA fully opened the federal courts to trade secret litigation as well as added several new features, including an ex parte seizure remedy and whistleblower immunity.DTSA added to the large and growing federal caseloads. It also exposes more federal judges, relatively few of whom studied or litigated trade secret cases prior to their judicial appointments, to the distinctive challenges of trade secret litigation.As with patent litigation, federal judges have implemented innovative approaches to managing trade secret litigation based on the distinctive features of these intangible resources. As with patent litigation, with its pretrial claim construction process, courts have developed practical strategies for identifying the protected trade secrets at issue. This task is complicated by the need to insulate trade secrets from public disclosure. Moreover, trade secret law often involves requests for pretrial equitable relief, which demands additional intensive case management. Furthermore, unlike patent law, federal trade secret law includes criminal law provisions. The interplay of civil and criminal trade secret cases further complicates case management.Drawing on the PATENT CASE MANAGEMENT JUDICIAL GUIDE (3d ed. 2016)--with chapters organized in the stages of litigation and guided by an early case management checklist--the TRADE SECRET CASE MANAGEMENT JUDICIAL GUIDE provides judges with a comprehensive resource for surveying trade secret law and managing trade secret litigation.
Download or read book Trade Secret Litigation and Protection written by The Intellectual Property Section Cla and published by . This book was released on 2022-04-22 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: A 26-chapter treatise that explains the fundamentals and intricacies of trade secret law under the federal Defend Trade Secrets Act (DTSA) and the California Uniform Trade Secret Act (CUTSA).
Download or read book The Law and Theory of Trade Secrecy written by Rochelle C. Dreyfuss and published by Edward Elgar Publishing. This book was released on 2011 with total page 639 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely Handbook marks a major shift in innovation studies, moving the focus of attention from the standard intellectual property regimes of copyright, patent, and trademark, to an exploration of trade secrecy and the laws governing know-how, tacit knowledge, and confidential relationships. The editors introduce the long tradition of trade secrecy protection and its emerging importance as a focus of scholarly inquiry. The book then presents theoretical, doctrinal, and comparative considerations of the foundations of trade secrecy, before moving on to study the impact of trade secrecy regimes on innovation and on other social values. Coverage includes topics such as sharing norms, expressive interests, culture, politics, competition, health, and the environment. This important Handbook offers the first modern exploration of trade secrecy law and will strongly appeal to intellectual property academics, and to students and lawyers practicing in the intellectual property area. Professors in competition law, constitutional law and environmental law will also find much to interest them in this book, as will innovation theorists.
Download or read book Trade Secrets written by Grace Marie Mills and published by . This book was released on 2013 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This research guide provides information on where to find the disparate elements that are important to begin to understand the area of trade secret law. It lists U.S. federal and state laws as well as international laws, discusses an array of court cases, many of which offer conflicting analysis and decisions, and covers the Uniform Trade Secrets Act. The guide offers a method for discerning relevant case decisions, laws, articles and web materials"--Publisher.
Download or read book Trade Secrets written by Henry H. Perritt and published by Practising Law Institute. This book was released on 1994 with total page 663 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive treatment of the application of the federal securities laws to public finance takes you step-by-step through the process, from the structuring of a financing to the distribution of securities and the closing, with expert guidance on the practices, contractual relationships, trends, issues and market regulations involved. The differences between public and corporate finance, and the legal foundations for both, are compared. Fippinger provides illustrations, drawn from contemporary financing techniques, for public power, housing, airport, hospital and resource recovery facilities, water projects and elaborate public programs. This guide provides clear-cut answers to the questions that are most likely to come up in your practice: What are the relevant legal foundations and obligations for due diligence requirements? How do lawyers determine the existence of registrable securities in highly structured financings? and more.
Download or read book Trade Secrecy and International Transactions written by Elizabeth A Rowe and published by Edward Elgar Publishing. This book was released on 2015-08-28 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade secret protection has long been of critical strategic importance to business interests and globalization of commerce has driven an increasing need to govern the preservation of confidentiality in international business transactions. This book off
Download or read book Trade Secrets Protection and Exploitation written by Jerry Cohen and published by BNA Books (Bureau of National Affairs). This book was released on 1998 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: Treating certain information as trade secrets has its legal advantages -- but only if you protect that information properly.Know your clients' rights and limits with this thorough treatment of the entire range of trade secret issues. The authors give you winning strategies at every stage of trade secret protection -- and explore related topics including covenants not to compete and raiding.
Download or read book Trade Secret Protection and Litigation written by and published by . This book was released on 1992 with total page 724 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Interstate Trade Secrets A Principled Framework for Identifying Federal Trade Secrets written by Conor Tucker and published by . This book was released on 2017 with total page 61 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Defend Trade Secrets Act of 2016 (DTSA) greatly expanded federal intellectual property law to include trade secrets. But the scope of the DTSA is not certain. Unlike Patent and Copyright, there is no independent constitutional basis for congressional legislation of trade secrets. Like Trademarks, federal Trade Secrets are regulated under the Commerce Clause. However, unlike the Trademarks--which are regulated to the broadest extent of the congressional commerce power--Trade Secrets are regulated under a limited exercise of federal commerce power. In other words, the DTSA only federalizes certain trade secrets. Interpretation of the jurisdictional element is the key judicial dilemma of the DTSA's early years, and this paper provides a principled interpretation of the DTSA's jurisdictional element. The element imposes two requirements on plaintiff's trade secrets: (1) that the trade secret closely relates to a product or service and (2) that the product or service actually flows in interstate commerce. The jurisdictional element, creates a two-tiered system relying on both federal and state trade secret protection. The practical implication of the jurisdictional element is that federal protection--including access to the civil seizure remedy--is generally only available to technical trade secrets. General business information, however, will remain protected by state law. The theoretical implication brings trade secrets in line with other species of federal intellectual property.
Download or read book What the General Practitioner Should Know about Trade Secrets and Employment Agreements written by Arthur H. Seidel and published by American Law Institute-American Bar Association(ALI-ABA). This book was released on 1995 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Computer disk contains forms for agreements, releases, pleadings, orders, licenses, and an injunction appearing in the text.
Download or read book The Executive s Guide to Protecting Proprietary Business Information and Trade Secrets written by James Pooley and published by Irwin Professional Publishing. This book was released on 1987 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Trade Secrets written by David W. Quinto and published by OUP USA. This book was released on 2012-05-24 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assembles case law analysis and strategic advice on prosecuting and defending trade secret misappropriation actions, maintaining legally sufficient trade secret protection measures, and supervising outside attorneys in the course of litigation. This book is an invaluable resource for both firm-based litigators and in-house attorneys, and it sets a new standard for the insightful analysis of U.S. trade secret law and practice.
Download or read book Trade Secrets written by David W. Quinto and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade Secrets: Law and Practice assembles case law analysis and strategic advice on prosecuting and defending trade secret misappropriation actions, maintaining legally sufficient trade secret protection measures, and supervising outside attorneys in the course of litigation.
Download or read book Protecting Trade Secrets Under the Uniform Trade Secrets Act written by Michael C. Budden and published by Praeger. This book was released on 1996-10-07 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade secrets are valuable. Executives know that, but do they also know how easily they can be stolen? Marketing expert Michael Budden thinks not. The departure of unhappy employees, sabotage by current employees, or simply the carelessness of managers unmindful of the risks or unaware of the protection available to them can be hazardous to the security of essential corporate information. Now, however, there is the Uniform Trade Secrets Act. Prevalent in most states with enactment in others almost certain, the Act offers the protection executives need providing they have taken reasonable steps on their own before seeking redress under its provisions. In this readable text, Budden explains the law, how it works, and what executives must do to avail themselves of it. He includes revealing case studies for further guidance and to aid executives in their corporate strategic planning. An essential resource for people with management responsibilities in almost all organizations, and a useful quick refresher for their legal advisers. Losses to organizations through trade secret misappropriations cost billions of dollars annually. No industry is immune. Trade secrets take many forms; recipes, formulas, customer lists, market research results, proprietary processes, and product development secrets are a few examples. Under the Uniform Trade Secrets Act, however, companies that have created plans and procedures to guard against such losses before they occur can now seek injunctive relief and collect monetary awards for damages. Dr. Budden introduces readers to the Act and the jurisdictions that have adopted it, and then explains what executives must do to create the necessary precondition of establishing a climate of confidentiality, including the use of non-compete covenants, and nondisclosure and noncompetition contracts. He goes on to lay out the sort of information that must be protected and how to appraise its value and the nature of its secrecy. Following up with advice on developing a plan of action to protect trade secrets, he concludes with a thoughtful discussion of the legal avenues and alternatives that executives can take and an outline of all the trade secrets protections the Act makes available.
Download or read book Guide to Protecting and Litigating Trade Secrets written by Joanna H. Kim-Brunetti and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is intended to help business executives and in-house counsel take control of and protect what may be their businesses' most valuable assets-their trade secrets"--
