Trade Secrets: Law and Practice
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Trade Secrets: Law and Practice 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.
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Table of contents
Special Note Concerning This Edition
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