Trade Secret Law in a Nutshell 1st edition by Sharon Sandeen, Elizabeth Rowe 0314281169 9780314281166

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• ISBN 10:0314281169 

• ISBN 13:9780314281166

• Author:Sharon Sandeen, Elizabeth Rowe  

Trade Secret Law is the first and only book in the Nutshell series to cover trade secret law in depth. It was written as a companion to Cases and Materials on Trade Secret Law by Rowe and Sandeen (the first casebook on trade secret law), but adds more practical advice. Thus, it is a useful resource for attorneys and law students alike. It could be a supplement to a course on trade secret law or an IP survey course that covers trade secret law, as most now do. Like the casebook, it focuses on the predominate law governing trade secrets in the U.S.: The Uniform Trade Secrets Act (now applicable in 47 of 50 states). Trade Secret Law in a Nutshell addresses both international and criminal enforcement of trade secret rights. In February of 2013, President Obama issued a report calling for increased enforcement of trade secret rights, both domestically and internationally, making the topic both current and relevant.

Trade Secret Law in a Nutshell 1st Table of contents:

Chapter 1. The Theories, Origin, and Evolution of Trade Secret Law
§ 1.1 The Common Law Development of Trade Secret Law
§ 1.2 The Restatement of Torts
§ 1.3 The Purposes of Trade Secret Law
§ 1.4 The Property/Not Property Debate of Trade Secret Theory
§ 1.5 The Uniform Trade Secrets Act
Chapter 2. Trade Secret Subject Matter
§ 2.1 Definition of a Trade Secret under the Uniform Trade Secrets Act
§ 2.2 Definition of a Trade Secret under the Restatement of Torts
§ 2.3 Definition of a Trade Secret under the Restatement of Unfair Competition
§ 2.4 Comparing the Definitions of a Trade Secret under the Different Sources of Law
§ 2.5 What Is Protectable “Information”?
§ 2.5.1 Form of Information Protected
§ 2.6 Negative Information Protected
§ 2.7 Improvements on Publicly Known Information Protected
§ 2.8 Limitations on Trade Secret Protection
§ 2.8.1 Public Domain Information
§ 2.8.2 Information That Is Generally Known
§ 2.8.3 Trade Secrets Disclosed in Patent Applications
§ 2.8.4 Information That Is Readily Ascertainable
§ 2.8.4.1 Patent Law Concepts of “Prior Art” Compared
§ 2.8.4.2 Changing the Burden of Proof on the Readily Ascertainable Issue
§ 2.8.5 General Skill and Knowledge
§ 2.8.6 Information That Is Properly Acquired
§ 2.8.7 Proprietary and Confidential Information and “Exclusive” Data
§ 2.9 Principles of Federal Preemption
§ 2.9.1 Patent Preemption
§ 2.9.2 Copyright Preemption
§ 2.9.3 The Effect of the AIA on the Preemption Analysis
§ 2.9.4 Preemption as a Limit on the Scope of Trade Secret Rights
§ 2.10 Practical Limitations
Chapter 3. The Requirements for Trade Secret Protection
§ 3.1 Secrecy
§ 3.2 The Nominal Novelty Requirement of Trade Secret Law
§ 3.3 Independent Economic Value
§ 3.4 Reasonable Efforts to Maintain Secrecy
§ 3.4.1 The Purposes and Functions of the Reasonable Efforts Requirement
§ 3.4.2 Sources and Standards of the Reasonable Efforts Requirement
§ 3.4.3 Interpretation by the Courts
§ 3.4.4 Evidence of Reasonable Efforts
Chapter 4. Trade Secret Litigation
§ 4.1 Introduction
§ 4.2 The Essential Elements of a Cause of Action for Trade Secret Misappropriation
§ 4.3 “Misappropriation” as Defined by the UTSA
§ 4.4 The Knowledge Requirement
§ 4.4.1 Knowledge by Third-Parties
§ 4.5 Misappropriation by Improper Means
§ 4.5.1 Sources and Meaning of “Improper Means”
§ 4.5.2 Evidence of Improper Means
§ 4.5.3 Proper Means: Reverse Engineering and Independent Development
§ 4.5.4 Competitive Intelligence
§ 4.6 Misappropriation by Breach of a Duty of Confidentiality
§ 4.6.1 Sources and Meaning of “Duty of Confidentiality”
§ 4.6.2 Contractual Duties of Confidentiality, Express and Implied
§ 4.6.3 Duties of Confidentiality Implied-at-Law
§ 4.6.4 Duties of Confidentiality in the Employment Relationship
§ 4.6.5 Duties of Confidentiality in Non-employment Relationships
§ 4.6.6 Relationships with Idea Men and Women
§ 4.6.7 Determining the Nature and Scope of the Duty of Confidentiality
§ 4.7 Acquisition by Accident or Mistake
§ 4.8 Third-Party Liability
§ 4.8.1 Secondary Liability Unavailable
§ 4.8.2 Disclosures on the Internet
§ 4.8.3 Lack of Take-Down Mechanism
§ 4.9 Obligation to Identify Trade Secrets
§ 4.9.1 When Must Trade Secrets Be Identified?
§ 4.9.2 What Level of Specificity Is Required?
§ 4.9.3 Consequences of Failing to Identify Trade Secrets with Specificity
§ 4.10 Protecting Trade Secrets during Litigation
§ 4.10.1 Protecting Trade Secrets during Discovery
§ 4.10.2 Protecting Trade Secrets at Trial
§ 4.11 Compelling the Production of Trade Secrets
§ 4.12 Practical Pre-litigation Considerations
§ 4.12.1 Encouraging Disclosure by Threatening to Sue
§ 4.12.2 The Risk of Exposing Trade Secrets
§ 4.12.3 Costs of Litigation
§ 4.13 Idea Submission Claims
§ 4.14 The Computer Fraud and Abuse Act
§ 4.15 Other (Ancillary) Claims for Relief
Chapter 5. Defenses to Trade Secret Misappropriation
§ 5.1 Attacking Plaintiff’s Prima Facie Case
§ 5.2 Addressing the Burden of Persuasion and Asserting Affirmative Defenses
§ 5.3 Independent Development
§ 5.4 Reverse Engineering
§ 5.4.1 Contractual Restrictions on Reverse Engineering
§ 5.5 Statute of Limitations
§ 5.6 Loss of Trade Secrecy
§ 5.6.1 Prior Art Search
§ 5.6.2 Scrutinizing the Activities of the Trade Secret Owner
§ 5.7 UTSA § 7: Preclusion of Ancillary State Claims
§ 5.8 Federal Preemption
§ 5.9 First Amendment Violation
§ 5.9.1 Commercial vs. Other Speech
§ 5.9.2 Anti-SLAPP Statutes
§ 5.10 Fifth Amendment Privilege against Self-Incrimination
Chapter 6. Remedies for Trade Secret Misappropriation
§ 6.1 Introduction to Remedies
§ 6.2 Preliminary Injunctive Relief
§ 6.2.1 Standards for the Grant of Preliminary Relief
§ 6.2.2 Presumption of Irreparable Harm
§ 6.2.3 The Scope of Preliminary Injunctions
§ 6.2.4 Security (or Bond) Requirement
§ 6.3 Permanent Injunctive Relief
§ 6.3.1 Standards for the Grant of Permanent Injunctions
§ 6.3.2 The Scope of Permanent Injunctions
§ 6.3.3 The Length of Permanent Injunctions
§ 6.4 Compensatory Damages
§ 6.5 Reasonable Royalties
§ 6.6 Punitive Damages
§ 6.7 Attorney’s Fees and Costs
Chapter 7. Protecting Trade Secrets in the Employment Context
§ 7.1 Introduction to Trade Secrecy Issues Related to Employment
§ 7.2 Disgruntled and Mobile Employees: A Problem for Employers
§ 7.3 Duty of Loyalty vs. Duty to Maintain Confidentiality
§ 7.4 Non-disclosure Agreements
§ 7.5 Non-competition Agreements
§ 7.6 Non-solicitation Agreements
§ 7.7 The Inevitable Disclosure Doctrine
§ 7.8 Ownership Issues and Invention Assignment Agreements
§ 7.9 The Threat from Technology
§ 7.10 Planning to Protect Trade Secrets
§ 7.10.1 Vigilance Is Required
§ 7.10.2 Technology Alone May Be Insufficient
§ 7.10.3 Practical Measures to Consider
§ 7.10.4 Relationship to Data Security Generally
Chapter 8. Protecting Trade Secrets in the Governmental Context
§ 8.1 Introduction
§ 8.2 Protecting Trade Secrets in Dealings with the Government
§ 8.3 Trade Secrets in Patent Applications
§ 8.4 The Public Policy of Government Openness
§ 8.5 The Freedom of Information Act
§ 8.6 Reverse-FOIA Actions
§ 8.7 Production of Trade Secrets in Non-FOIA Disputes
§ 8.8 The Trade Secrets Act
§ 8.9 Private Recourse for Government Disclosures
§ 8.10 Government Ownership of Trade Secrets
Chapter 9. Protecting Trade Secrets Internationally
§ 9.1 Introduction
§ 9.2 Article 39 of the TRIPS Agreement
§ 9.3 Enforcement Obligations under the TRIPS Agreement
§ 9.4 Sampling of Foreign Protections
§ 9.4.1 Canada
§ 9.4.2 China
§ 9.4.3 European Union
§ 9.4.4 India
§ 9.4.5 Mexico
§ 9.5 The Principle of Territoriality
§ 9.6 Actions before the International Trade Commission
Chapter 10. Trade Secret Related Crimes
§ 10.1 Criminal Consequences for Trade Secret Misappropriation
§ 10.2 The Economic Espionage Act
§ 10.2.1 Prohibited Conduct under the EEA
§ 10.2.2 Key Definitions under the EEA
§ 10.2.3 Extraterritorial Reach of the EEA
§ 10.2.4 Legal Challenges to the EEA
§ 10.2.5 Penalties under the EEA
§ 10.3 The Computer Fraud and Abuse Act
§ 10.3.1 What Constitutes Unauthorized Access?
§ 10.4 The National Stolen Property Act and Other Property Crimes
§ 10.5 Potential RICO Offenses

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