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Trade Secret Law and Corporate Strategy

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ISBN: 9781522147411
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ISBN: 9781522147428
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ISBN: 9781522147428
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Trade Secret Law and Corporate Strategy authored by Darin Snyder & David Almeling: Trade secrets--stealing them, protecting them, enforcing them--are increasingly big business. To understand why, consider any information you know about your job that you're supposed to keep confidential. That information may qualify as a trade secret. Trade secrets thus concern everyone from the engineer who invents a better mousetrap to the marketer who knows pre-release prices, from the CEO who drafts the company's five-year plan to the HR rep who manages the organizational chart, and so on.

Trade Secret Law and Corporate Strategy is an accessible introduction to all things trade secret. It examines the audacious schemes of trade secret thieves by presenting dozens of case studies and the lessons to learn from them. It also offers best practices for protecting trade secrets from theft, investigating a suspected breach, and enforcing a trade secret in court and other forums. Preeminent intellectual property lawyers Darin Snyder and David Almeling have written this book for anyone who wants to learn about trade secrets: business people and engineers, judges and students, even attorneys who don't specialize in trade secret law.


•   Provides an accessible introduction to trade secret law in the United States
•   Offers "best practices" for businesses and organizations that need to create, maintain, protect, and enforce their own trade secrets and to avoid misappropriating others
•   Details how to respond to the loss of trade secrets, from investigation to litigation
•   Helps companies protect their trade secrets by explaining how to adopt policies that prevent the loss of confidential information
•   Written in a case-study format which shows real-world examples of trade secret litigation and the lessons that can be learned from them


"Business, like magic, requires secrecy. It's often the detail behind the scenes that makes the difference between the surprisingly successful company and its lackluster competitors. Building on this simple insight, Darin Snyder and David Almeling have forged a comprehensive and practical guide on how to recognize, use, and protect valuable trade secrets. Written like a 'how to' guide, but with a litigator's attention to detail, Keeping Secrets: A Practical Introduction to Trade Secret Law and Strategy is a must have for every general manager and lawyer who hopes to see business and clients thrive using their unique informational assets."
--Richard J. Lutton, Jr., Former Chief Patent Counsel, Apple Inc.

"Darin Snyder and David Almeling have written an excellent book that fills a void. Using contemporary cases and current examples that will resonate with both businesspeople and lawyers, Keeping Secrets is an indispensable primer that informs readers about trade secret law in a very accessible manner. Perhaps most importantly, this book offers practical suggestions for companies who want to build an effective trade secret protection program." --Janet Craycroft, Director, Legal Counseling at Intel Corporation and Incoming Chair of the Trade Secret Committee of the American Intellectual Property Law Association

"Keeping Secrets is a real opportunity for those who want a basic introduction to trade secrets without investing a lot of time. It maintains focus on the four most important areas - employees, physical and data security, and contracts - where this knowledge can be applied immediately. And its lively, journalistic style keeps the reader engaged, making points with memorable stories taken from actual cases." --James Pooley, Former President of the American Intellectual Property Law Association

"In Keeping Secrets, Snyder and Almeling suggest companies audit their trade secrets from time to time, and take other steps to identify whether a company's secrets are leaking. If litigation is the only option, they provide several useful strategies for navigating the various decisions that inevitably arise in trade secret cases, and helpful tips for avoiding the common pitfalls." --Brian Wm. Higgins, Maryland Intellectual Property Law Blog

Authors / Contributors

Table of Contents


PART I The Basics

CHAPTER 1 Trade Secrets- -The Basics

CHAPTER 2 Trade Secrets in Context: Why Trade Secrets Are Increasingly Important to Businesses, Employees, and the Economy

PART II Four Keys to a Successful Trade Secret Strategy

CHAPTER 3 Key No. 1: How to Recruit, Hire, Train, and Terminate Employees

CHAPTER 4 Key No. 2: Information Security

CHAPTER 5 Key No. 3: Physical Security

CHAPTER 6 Key No. 4: Agreements to Protect Trade Secrets

PART III Trade Secrets in Practice

CHAPTER 7 Investigating Suspected Trade Secret Theft

CHAPTER 8 Knowing What You've Got and Whether You're Doing Enough to Protect It: A Trade Secret Audit

CHAPTER 9 Trade Secret Litigation: What to Expect When You're Litigating

PART IV Appendix and Index

Appendix A List of Case Studies