Trade Secret Law In The United States

Trade Secret Law in the United States is a collection of cases and commentary about the history and development of trade secret law in the United States, beginning with its historical roots in England that started at the time of the Industrial Revolution. After an introduction to the historical background, nature of trade secret protection, and where trade secret protection fits within the framework of the American intellectual property laws, the legal requirements for the three substantive aspects of trade secret law are addressed, namely the property component, secrecy, and the "special" relationship between the parties. The enforcement of trade secret rights is also dealt with, ranging from state causes of action under the Uniform Trade Secrets Act and state common law, to causes of action under various federal laws, and remedies such as injunctions and damages. There is also a chapter on the criminal enforcement of trade secret rights, both at the state and federal levels. In addition to the traditional academic approach of a casebook intended for use in a law school course, the practical side of enforcing rights is also presented, which reflects many of the author's experiences during his 40-plus years of practice in this area of the law.

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

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.

This is the second edition of the first casebook in the United States devoted exclusively to trade secret law. As with the successful first edition, it is challenging yet user-friendly to students in order to facilitate their reading and understanding of the material. It is designed to be used by law students (and business students) with no prior background in intellectual property law. Due to the breadth of the subject matter, professors who teach trade secret law need not be intellectual property experts, but can specialize in a variety of fields, including employment law, torts, and unfair competition. The casebook also provides the context to re-teach and reinforce many of the basic concepts of law that students learned as 1L’s, including tort law, contract law, property law, civil procedure, constitutional law, and criminal law. This new edition includes timely additions relating to the Defend Trade Secrets Act of 2016 (DTSA) and the EU Trade Secret Directive, two laws that went into effect in mid-2016, and which are certain to change the landscape of trade secret law in the United States and Europe. Unlike the only other existing casebook on the topic, this book continues to focus on and teach the predominant source of trade secret law in the U.S., the Uniform Trade Secrets Act (UTSA) as interpreted by courts throughout the U.S. --Publisher website.

This, the first casebook in the United States devoted exclusively to trade secret law, is challenging yet user-friendly to students. In order to facilitate understanding of the material, the book is designed to be used by law and business students with no prior background in intellectual property law. Throughout, the authors have made conscious and thoughtful decisions about the way in which the information is presented and organized. The general organization follows a logical analytical approach to understanding trade secret law, with the chapters progressing from proving the essential elements of a trade secret claim to defensive tactics and remedies, managing trade secrets, and criminal actions. It also addresses employment, management, and international issues.