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2016 Edition
ISBN: 9781522109969
Published: May 22, 2014
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ISBN: 9781522109976
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Trade Secrets: Law and Practice (2016 Edition), by David W. Quinto, Stuart H. Singer and Carla A. McCauley, 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. The 2016 release includes new insights on the Defend Trade Secrets Act of 2016, state Computer Fraud and Abuse Act laws, the defense of preemption, and state arbitration provisions along with case and code updates.

Features

•   Co-written by three highly-experienced litigators
•   Unique, comprehensive coverage of U.S. trade secret law from a trial lawyer's perspective, uniting case law analysis with litigation strategy
•   Aids in maximizing business value, strategic technology and intellectual property management

The eBook versions of this title feature links to Lexis Advance for further legal research options.

Authors / Contributors

Table of Contents

Special Note Concerning This Edition

Acknowledgments

Authors' Note

About the Authors



CHAPTER 1 What Is Protectable as a Trade Secret?


§ 1.01 Introduction

§ 1.02 The Defend Trade Secrets Act of 2016

§ 1.03 "Trade Secret" as Defined by the UTSA

§ 1.04 The Restatement (Third) of Unfair Competition View of Trade Secrets

§ 1.05 New York, New Jersey, and Texas: The Restatement (First) of Torts Definition

§ 1.06 The Massachusetts Definition

§ 1.07 The North Carolina Definition


CHAPTER 2 Litigating Trade Secret Actions—Plaintiff's Perspective

§ 2.01 Introduction

§ 2.02 Civil Actions Under the DTSA and the UTSA Compared

§ 2.03 Alleging Trade Secret Misappropriation Under the UTSA

§ 2.04 Elements of Misappropriation Claim

§ 2.05 Alleging Alternative Claims

§ 2.06 Requirement to Identify Trade Secrets with "Reasonable Particularity"

§ 2.07 Presumptions, Inferences, and Burden-Shifting

§ 2.08 Ex Parte Seizure

§ 2.09 Preliminary Injunctive Relief

§ 2.10 Choosing an Expert

§ 2.11 Discovery Tactics

§ 2.12 Discovery for Use Abroad

§ 2.13 Remedies

§ 2.14 Settlement

§ 2.15 Procedural Considerations

§ 2.16 Standing


CHAPTER 3 Litigating Trade Secret Actions—Defendant's Perspective

§ 3.01 Introduction

§ 3.02 Defenses

§ 3.03 Arbitration

§ 3.04 Challenges to the Plaintiff's Trade Secret Identification

§ 3.05 Discovery Considerations

§ 3.06 Finding Experts


CHAPTER 4 Corporate Trade Secret Protection Plans and Practices

§ 4.01 Legal Requirements and Policy Considerations

§ 4.02 Trade Secret Audits

§ 4.03 Trade Secret Protection Plans

§ 4.04 Protecting Information Disclosed to the Government


CHAPTER 5 Hiring and Terminating Employees

§ 5.01 Introduction

§ 5.02 Hiring Employees

§ 5.03 Terminating Employees


CHAPTER 6 Criminal Prosecution of Trade Secret Misappropriation

§ 6.01 Whether to Seek Criminal Prosecution

§ 6.02 Persuading the Government to Prosecute

§ 6.03 Federal Economic Espionage Act of 1996

§ 6.04 Other Potentially Applicable Federal Criminal Statutes

§ 6.05 Selected State Criminal Statutes

§ 6.06 Creating a Compliance and Ethics Program to Reduce Criminal Exposure


Appendix A. Overview of Trade Secrets Laws of Selected States

Table of Cases

Table of Statutes

Index