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Milgrim on Trade Secrets

Author(s): Eric E. Bensen (Author), Roger M. Milgrim (Author)

Milgrim on Trade Secrets is the leading and most frequently cited trade secrets treatise, delivering unmatched authority on protection and litigation issues.

Publisher: Matthew Bender Elite Products

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Milgrim is the Most Cited Authority In Trade Secret Cases.

Milgrim on Trade Secrets is the most frequently cited treatise in trade secrets law. Written by two practice and litigation seasoned experts with practical experience in all aspects of trade secret protection and litigation, it has been widely recognized as the “leading treatise” on trade secret law and has been cited hundreds of times in court decisions including decisions from the U.S. Supreme Court, every U.S. Court of Appeals, more than a dozen state supreme courts, and numerous federal and state trial courts.

Get Comprehensive, Authoritative Information in One Publication

This unrivaled legal resource begins with an overview of trade secret law, most notably the Uniform Trade Secrets Act (“UTSA”) and the Defend Trade Secrets Act (“DTSA”), and a state-by-state discussion of individual UTSA enactments. Authority is collected by state and federal jurisdictions, optimizing the user/practitioner’s task. Drawing on UTSA, DTSA and common law authority, the work provides in depth coverage of all aspects of trade secret law including:

Elements of a trade secret claim
UTSA preemption of state law
Trade Secret Standing of owners and possessors
Defenses to a trade secret claim
Protecting trade secrecy in litigation
The issues of identification of trade secrets
Jurisdiction for trade secret claims
Statutes of limitation
Remedies for trade secret misappropriation

In addition to the forgoing, Milgrim on Trade Secrets provides hundreds of examples of subject matters that have been found to be protectable as trade secrets and addresses related areas of concern for trade secret owners:

Restrictive covenants as a method to protect trade secrets with emphasis on individual state’s public policy
Reasonable measures to maintain secrecy
Pitfalls in secrecy measures
Trade secret issues that arise in an employment relationship
Issues concerning third parties, such as subsequent employers
The trade secret-related provisions of the Freedom of Information Act and similar state laws
Trade secret concerns that arise when dealing with federal and state public agencies
The relationship between trade secret protection and copyright and patent protection

eBooks, CDs, downloadable content, and software purchases are noncancelable, nonrefundable and nonreturnable. Click here for more information about LexisNexis eBooks. The eBook versions of this title may feature links to Lexis+® for further legal research options. A valid subscription to Lexis+® is required to access this content.

Table of Contents

VOLUME 1

CHAPTER 1 Definitional Aspects

VOLUME 1A
CHAPTER 2 Trade Secrets as Property
CHAPTER 3 Protection of Trade Secrets by Operation of Law
CHAPTER 4 Protection of Trade Secrets by Contract
CHAPTER 5 Trade Secret Protection in the Employment Relationship
CHAPTER 6 Use of Agreements to Protect Trade Secrets in the Employment Relationship
APPENDIX 6A Precis of State Statutes Voiding Restrictive Covenants
CHAPTER 7 Relationships Other Than Employment in Which Protected Trade Secret Disclosures May Be Made
CHAPTER 8 Trade Secrets As, and Related to, Patentable Matter

VOLUME 2
CHAPTER 9 Kindred Intellectual Property
APPENDIX 9A Patentable Subject Matter: Mathematical Algorithms and Computer Programs
APPENDIX 9B Copyright and Patent Protection for Computer Software: Are They Mutually Exclusive?
APPENDIX 9C Tales from the Algorithm War: Benson to Iwahashi, It's Deja Vu All Over Again
APPENDIX 9D Who Owns What: Copyrights and Trade Secrets, With Some Reflections on Patents
APPENDIX 9E Report Of The Software Subcommittee To The National Commission On New Technological Uses Of Copyrighted Works
APPENDIX 9F Additional Views On Computer Software
APPENDIX 9G Examination Guidelines for Computer--Related Inventions Final Version
APPENDIX 9H Using Appointment to Rein in the Georgia-Pacific Factors

VOLUME 3
CHAPTER 10 Trade Regulation Pertinent to Technology and Trademark Licensing
APPENDIX 10A Antitrust Guidelines for the Licensing of Intellectual Property
APPENDIX 10B Consent Decrees Relative To Know-How And Technical Information
CHAPTER 11 Taxation
APPENDIX 11A Research And Development Partnerships: Section 174 and Capital Gain
CHAPTER 12 Public Law Aspects of Trade Secrets: Regulatory Agencies; Criminal Prosecution
CHAPTER 13 Issues Prior to Commencement of Action

VOLUME 4
CHAPTER 14 Pretrial Considerations
CHAPTER 15 Trial Considerations
APPENDIX 15A Appropriation by Memory (David Bender)
CHAPTER 16 Anatomy of Trade Secret Litigation
CHAPTER 17 Intellectual Property and the Internet
CHAPTER 18 Anatomy of a Trade Secret Protection Program

Featured Authors

Roger M. Milgrim Eric E. Bensen

Eric E. Bensen

Eric Bensen is an internationally recognized intellectual property law author, consultant and expert witness. In addition to Intellectual Property in Bankruptcy: A Collier Monograph his works as author or coauthor include six leading intellectual property treatises from LexisNexis/Matthew Bender:
Milgrim on Trade Secrets (5 vols.)
Patent Law Perspectives (9 vols.)
Milgrim on Licensing (4 vols.)
Bensen on Patent Licensing Transactions (3 vols.)
U.S. Patent Opinions and Evaluations
New York Intellectual Property Law
Additionally, he is the author of Collier Bankruptcy Practice Guide, ch. 26 Intellectual Property in Bankruptcy (Matthew Bender).

Mr. Bensen is the author of LexisNexis’ Patent Statements of Law, a singular tool for quickly identifying quotations that precisely state principles of patent law in a manner that is helpful to practitioners and courts. It is comprised of more than 8200 intuitively organized patent law quotations from more than 200 Supreme Court and 1700 Federal Circuit decisions each followed by a short parenthetical briefly identifying, where helpful, the technology involved, the procedural posture of the decision and the pertinent facts.

His other works from LexisNexis/Matthew Bender include:
Attorney’s Dictionary of Patent Claims (3 vols.)
Gray Markets: Prevention, Detection and Litigation
Mr. Bensen is also the United States Reporter for LexisNexis Australia’s Intellectual Property Reports, the author of Collier Bankruptcy Practice Guide, ch. 26,“Intellectual Property in Bankruptcy” (Matthew Bender), and the author of copyright, bankruptcy and trade secret chapters in Intellectual Property Counseling & Litigation (Matthew Bender).

Mr. Bensen has advised clients throughout the United States as well as in Japan and Europe on intellectual property issues arising in litigation, licensing and transactional matters and has served as an expert witness on matters of intellectual property law and practice in the United States, Germany and the United Kingdom.

Mr. Bensen has advised clients throughout the United States as well as in Japan and Europe on intellectual property issues arising in litigation, licensing and transactional matters. He has served as an expert witness in the United States, the United Kingdom and Germany on matters of U.S. intellectual property law and has worked as a consulting expert on matters of U.S. intellectual property law in connection with proceedings in the United States, France and the European Patent Office. He is admitted to the State Bar of Texas, the United States Supreme Court and the United States Court of Appeals for the Federal Circuit.

Mr. Bensen can be reached at ericbensen@me.com.
For more information, please visit www.ericbensen.com.

View All Books by Eric E. Bensen (11)

Milgrim on Trade Secrets

Featured Authors

Roger M. Milgrim

Eric E. Bensen

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