Trade Secrets

Trade Secrets : Law and Practice

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Description

As the value of a business has increasingly become a reflection of the value of the company's ideas, trade secret law has become more important, but the field of trade secrets is less well-covered by a substantial margin than patent, copyright or trademark. While several existing treatises discuss U.S. trade secret law, Trade Secrets : law and practice is perhaps the first to do so from a trial-lawyer's perspective. In addition to case-law analysis, it contains strategic advice on prosecuting and defending trade secret misappropriation actions, maintaining legally sufficient trade secret protection measures, and supervising outside attorneys in a trade-secret litigation.show more

Product details

  • Paperback | 486 pages
  • 154.94 x 233.68 x 25.4mm | 680.39g
  • Oxford University Press Inc
  • New York, United States
  • English
  • New.
  • 0195337832
  • 9780195337839

About David Quinto

David W. Quinto is a founding partner and head of internet litigation at Quinn Emanuel Urquhart Oliver & Hedges in Los Angeles, CA. His practice focuses on IP matters, with an emphasis on copyright, trademark, trade secret and Internet-related claims. He is principally responsible for protecting the rights of the Academy of Motion Picture Arts and Sciences in the OSCAR and ACADEMY AWARDS marks, and Lockheed Martin in the SKUNK WORKS mark. He has also protected intellectual properties owned by Mattel, Avery Dennison, The World Wrestling Federation, the Academy of Television Arts and Sciences, and The America's Cup Organizing Committee. Stuart H. Singer is a partner at Boies, Schiller & Flexner, LLP. Over the past 20 years, Mr. Singer has successfully handled many significant and difficult litigation cases in trial courts, arbitrations, and appeals throughout the U.S. These have included several trials of over a month's duration. Mr. Singer has handled cases in a number of substantive fields, including IP, antitrust, and constitutional law. Both authors are graduates of Harvard Law School, where Stuart Singer was president of the Harvard Law Review.show more

Review quote

"An excellent guide for both litigators and corporate counsel." -David Boies, Managing Partner, Boies, Schiller & Flexner LLP"A vital resource by two top litigators." -Lance Liebman, Director, American Law Institute Professor and former Dean, Columbia University School of Law"Quinto and Singer take the complex area of trade secrets and give a comprehensive yet eminently practical analysis that is essential for plaintiffs and defendants alike." -Martha W. Barnett, Partner, Holland and Knight President, American Bar Association, 2000-2001"Extremely helpful, clearly written, and practically organized." -James Pooley, Partner, Morrison Foerster"Although the stated emphasis of this book is trade secret litigation, it is an excellent resource for the non-litigation lawyer, as well as individuals charged with managing their company's trade secrets." -John T. Ramsay, Q.C. Gowling Lafleur Henderson LLP"Readers will be able to qushow more

Table of contents

I. WHAT IS PROTECTIBLE AS A TRADE SECRET?; A. Elements of UTSA Definition; 1. Meaning of "Information"; 2. Meaning of "Derives Value"; 3. Meaning of "Not Generally Known"; 4. Meaning of "Secret"; B. Non-UTSA Definitions of "Trade Secret"; C. Examples of Types of Information Subject to Trade Secret Protection (Advertising and marketing strategies; customer databases; customer information; customer lists; know-how; negative know-how; marketing information; pricing policies; religious materials, etc.); II. LITIGATING TRADE SECRET ACTIONS--PLAINTIFF'S PERSPECTIVE; A. Alleging Trade Secret Misappropriation; 1. "Misappropriation"; 2. "Improper Means"; 3. "Acquisition, Use or Disclosure"; 4. Imputed, Vicarious, and Joint Liability; B. Alleging Alternative Claims; 1. Breach of Express or Implied Contract; 2. Breach of Confidence; 3. Breach of Fiduciary Duty; 4. Breach of Duty of Loyalty; 5. Conversion; 6. Unfair Competition; C. Requirement to Identify Trade Secrets With "Reasonable Particularity"; 1. Federal, California and Other State Requirements; 2. Side-Stepping the "Reasonable Particularity" Requirement; D. Preliminary Injunctive Relief; 1. Actual Injury; 2. "Inevitable" vs. "Threatened" Injury; (DISCUSS DOCTRINE OF INEVITABLE DISCLOSURE. DISCUSS WHERE INEVITABLE DISCLOSURE PROVIDES THE BASIS FOR AN ACTION AND WHEN THREATENED INJURY IS REQUIRED. DESCRIBE HOW MISAPPROPRIATION IS "THREATENED" EVEN WHEN IT IS NOT "INEVITABLE."; 3. Reasons for Seeking a Temporary Restraining Order; 4. Use of Expedited Discovery; 5. Bond Requirement; E. Proof of Misappropriation; F. Discovery; G. Damages/Unjust Enrichment/Royalty/Exemplary Damages/Fees; H. Procedural Considerations; 1. Jurisdiction/Venue/Defendant Considerations; (DISCUSS STRATEGY CONSIDERATIONS. FOR EXAMPLE, EMPLOYEE IS HIRED IN CALIFORNIA (WHERE NON-COMPETES ARE UNENFORCEABLE) OR IN A STATE WHERE INEVITABLE DISCLOSURE DOCTRINE IS NOT RECOGNIZED, BUT EMPLOYER IS SUBJECT TO JURISDICTION IN MULTIPLE STATES. DISCUSS APPLICATION OF FULL FAITH AND CREDIT CLAUSE TO MONEY DAMAGES AWARD, INABILITY TO ENFORCE INJUNCTION DIRECTLY BUT ABILITY TO GAIN COMPLIANCE THROUGH CONTEMPT SANCTIONS WHERE ACTION WAS BROUGHT.); 2. Statute of Limitations Issues; 3. Federal Jurisdiction; III. LITIGATING TRADE SECRET ACTION--DEFENDANT'S PERSPECTIVE; A. Pre-Emption Defenses; B. Statute of Limitations; C. Other Defenses; D. Effect of Arbitration Provision; E. Challenging the Identification of the Trade Secrets; F. Deliberate Publication of Trade Secrets by the Plaintiff; (PATENTS AND PATENT APPLICATIONS, COPYRIGHT REGISTRATIONS, GOVERNMENTAL DISCLOSURES, PUBLICATION IN OBSCURE JOURNALS TO CREATE "PRIOR ART" TO DEFEAT A RIVAL PATENT CLAIM, ADVERTISING/MARKETING, DATA RIGHTS REGULATIONS); G. Retention of Experts; H. Absence of Damages as Establishing Absence of Liability; IV. CORPORATE TRADE SECRET PROTECTION PLANS; A. Policy Considerations/Reasonable (Why do Courts Care? No System Is Perfect); B. Identifying and Classifying Trade Secrets; C. Protecting Documents; D. Protecting Electronic Data; E. Physical Security Measures; F. Employee Agreements/Non Compete Provisions; G. Protecting Trade Secrets When Contracting With the Government or Others; V. DEPARTING EMPLOYEES; A. Seizing Computers, Examining E Mail Messages, Preserving Evidence; B. Questioning Colleagues and Subordinates; C. Conducting Exit Interviews; VI. CRIMINAL PROSECUTION OF TRADE SECRET MISAPPROPRIATION; A. Pros and Cons of Criminal Prosecution; B. Economic Espionage Act of 1996; C. State Economic Espionage Acts; D. Preparing a Presentation for Prosecutorsshow more