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Home > Law > Laws of specific jurisdictions > Intellectual property law > Trade Secrets: Law and Practice
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Trade Secrets: Law and Practice

Trade Secrets: Law and Practice


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About the Book

The value of a business is more than ever a reflection of the value of the company's ideas, which makes trade secrets an increasingly important part of this equation. Trade Secrets: Law and Practice is the first legal treatise to cover the subject from a trial lawyer's perspective, and it should be on the desk of every firm litigator and in-house counsel involved in the protection of trade secrets. Written by two highly experienced trial lawyers, David Quinto and Stuart Singer, 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. This Second Edition contains a new overview of litigation burdens, presumptions and inferences; a comprehensive analysis of the applicability of the Computer Fraud and Abuse Act (CFAA) to trade secret misappropriation claims; the latest developments in the evolving approaches to the Uniform Trade Secrets Act (UTSA) preemption of common law and state statutory claims; and an expanded state-by-state analysis of trade secret litigation. This book is an invaluable resource for both firm-based litigators and in-house attorneys. It sets a new standard for the insightful analysis of U.S. trade secret law and practice.

Table of Contents:
ACKNOWLEDGMENTS; AUTHORS' NOTES; ABOUT THE AUTHORS; CHAPTER I: WHAT IS PROTECTABLE AS A TRADE SECRET?; A. THE MAJORITY RULE: "TRADE SECRET" AS DEFINED BY THE UTSA; B. THE RESTATEMENT (THIRD) OF UNFAIR COMPETITION VIEW; OF TRADE SECRETS; C. NEW YORK, NEW JERSEY, AND TEXAS: THE RESTATEMENT (FIRST); OF TORTS DEFINITION; D. THE MASSACHUSETTS DEFINITION; E. THE NORTH CAROLINA DEFINITION; CHAPTER II:LITIGATING TRADE SECRET ACTIONS-PLAINTIFF'S PERSPECTIVE; A. ALLEGING TRADE SECRET MISAPPROPRIATION; B. ELEMENTS OF MISAPPROPRIATION CLAIM; C. ALLEGING ALTERNATIVE CLAIMS; D. REQUIREMENT TO IDENTIFY TRADE SECRETS WITH; "REASONABLE PARTICULARITY"; E. PRESUMPTIONS, INFERENCES, AND BURDEN-SHIFTING ; F. PRELIMINARY INJUNCTIVE RELIEF; G. CHOOSING AN EXPERT; H. DISCOVERY TACTICS; I. REMEDIES; J. SETTLEMENT; K. PROCEDURAL CONSIDERATIONS; L. STANDING; CHAPTER III: LITIGATING TRADE SECRET ACTIONS-DEFENDANT'S PERSPECTIVE; A. DEFENSES; B. EFFECT OF ARBITRATION PROVISION; C. CHALLENGES TO THE PLAINTIFF'S TRADE SECRET IDENTIFICATION; D. DISCOVERY CONSIDERATIONS; E. FINDING EXPERTS; CHAPTER IV: CORPORATE TRADE SECRET PROTECTION PLANS AND PRACTICES; A. LEGAL REQUIREMENTS AND POLICY CONSIDERATIONS; B. TRADE SECRET AUDITS; C. TRADE SECRET PROTECTION PLANS; D. PROTECTING INFORMATION DISCLOSED TO THE GOVERNMENT; CHAPTER V: HIRING AND TERMINATING EMPLOYEES; A. HIRING EMPLOYEES; B. TERMINATING EMPLOYEES; CHAPTER VI: CRIMINAL PROSECUTION OF TRADE SECRET MISAPPROPRIATION; A. WHETHER TO SEEK CRIMINAL PROSECUTION; B. PERSUADING THE GOVERNMENT TO PROSECUTE; C. FEDERAL ECONOMIC ESPIONAGE ACT OF 1996; D. OTHER POTENTIALLY APPLICABLE FEDERAL CRIMINAL STATUTES; E. STATE CRIMINAL STATUTES; F. CREATING A COMPLIANCE AND ETHICS PROGRAM; TO REDUCE CRIMINAL EXPOSURE; APPENDIX:OVERVIEW OF TRADE SECRETS LAWS OF SELECTED STATES; A. ARIZONA; B. CALIFORNIA; C. DELAWARE; D. FLORIDA; E. GEORGIA; F. ILLINOIS; G. INDIANA; H. MARYLAND; I. MASSACHUSETTS; J. MICHIGAN; K. MINNESOTA; L. MISSOURI; M. NEW JERSEY; N. NEW YORK; O. NORTH CAROLINA; P. OHIO; Q. PENNSYLVANIA; R. TENNESSEE; S. TEXAS; T. VIRGINIA; U. WASHINGTON; V. WISCONSIN; TABLE OF CASES; INDEX

About the Author :
David W. Quinto is a founding partner and head of internet litigation at Quinn Emanuel Urquhart & Sullivan LLP in Los Angeles, California. His practice focuses on intellectual property matters, with an emphasis on copyright, trademark, trade secret and Internet-related claims. Mr. Quinto 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 in the law firm of Boies, Schiller & Flexner, LLP, resident in the firm's Ft. Lauderdale, Florida office. Over the past 20 years, Mr. Singer has successfully handled many significant and difficult litigation cases in trial courts, arbitrations, and appeals throughout the United States, in a number of substantive fields, including intellectual property, antitrust, and constitutional law.

Review :
Peeling back the cover, one is left the product itself - and it's a winner. An appendix of nearly 150 pages summarises the relevant law of 23 states..this is a very useful book and a good read too. IPKat


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Product Details
  • ISBN-13: 9780199767571
  • Publisher: Oxford University Press Inc
  • Publisher Imprint: Oxford University Press Inc
  • Edition: Revised edition
  • Language: English
  • Spine Width: 31 mm
  • Weight: 866 gr
  • ISBN-10: 0199767572
  • Publisher Date: 16 Apr 2012
  • Binding: Paperback
  • Height: 238 mm
  • Returnable: N
  • Sub Title: Law and Practice
  • Width: 166 mm


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