Trade secrets : law and practice
著者
書誌事項
Trade secrets : law and practice
Oxford University Press, c2009
- : pbk
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注記
Includes bibliographical references and index
HTTP:URL=http://www.loc.gov/catdir/toc/ecip0822/2008029798.html Information=Table of contents only
内容説明・目次
内容説明
As the value of a business has increasingly become a reflection of the value of the company's ideas, trade secret law has become more important, but the field of trade secrets is less well-covered by a substantial margin than patent, copyright or trademark. While several existing treatises discuss U.S. trade secret law, Trade Secrets : law and practice is perhaps the first to do so from a trial-lawyer's perspective. In addition to case-law analysis, it contains strategic advice on prosecuting and defending trade secret misappropriation actions, maintaining legally sufficient trade secret protection measures, and supervising outside attorneys in a trade-secret litigation.
目次
- I. WHAT IS PROTECTIBLE AS A TRADE SECRET?
- A. Elements of UTSA Definition
- 1. Meaning of "Information"
- 2. Meaning of "Derives Value"
- 3. Meaning of "Not Generally Known"
- 4. Meaning of "Secret"
- B. Non-UTSA Definitions of "Trade Secret"
- C. Examples of Types of Information Subject to Trade Secret Protection (Advertising and marketing strategies
- customer databases
- customer information
- customer lists
- know-how
- negative know-how
- marketing information
- pricing policies
- religious materials, etc.)
- II. LITIGATING TRADE SECRET ACTIONS--PLAINTIFF'S PERSPECTIVE
- A. Alleging Trade Secret Misappropriation
- 1. "Misappropriation"
- 2. "Improper Means"
- 3. "Acquisition, Use or Disclosure"
- 4. Imputed, Vicarious, and Joint Liability
- B. Alleging Alternative Claims
- 1. Breach of Express or Implied Contract
- 2. Breach of Confidence
- 3. Breach of Fiduciary Duty
- 4. Breach of Duty of Loyalty
- 5. Conversion
- 6. Unfair Competition
- C. Requirement to Identify Trade Secrets With "Reasonable Particularity"
- 1. Federal, California and Other State Requirements
- 2. Side-Stepping the "Reasonable Particularity" Requirement
- D. Preliminary Injunctive Relief
- 1. Actual Injury
- 2. "Inevitable" vs. "Threatened" Injury
- (DISCUSS DOCTRINE OF INEVITABLE DISCLOSURE. DISCUSS WHERE INEVITABLE DISCLOSURE PROVIDES THE BASIS FOR AN ACTION AND WHEN THREATENED INJURY IS REQUIRED. DESCRIBE HOW MISAPPROPRIATION IS "THREATENED" EVEN WHEN IT IS NOT "INEVITABLE."
- 3. Reasons for Seeking a Temporary Restraining Order
- 4. Use of Expedited Discovery
- 5. Bond Requirement
- E. Proof of Misappropriation
- F. Discovery
- G. Damages/Unjust Enrichment/Royalty/Exemplary Damages/Fees
- H. Procedural Considerations
- 1. Jurisdiction/Venue/Defendant Considerations
- (DISCUSS STRATEGY CONSIDERATIONS. FOR EXAMPLE, EMPLOYEE IS HIRED IN CALIFORNIA (WHERE NON-COMPETES ARE UNENFORCEABLE) OR IN A STATE WHERE INEVITABLE DISCLOSURE DOCTRINE IS NOT RECOGNIZED, BUT EMPLOYER IS SUBJECT TO JURISDICTION IN MULTIPLE STATES. DISCUSS APPLICATION OF FULL FAITH AND CREDIT CLAUSE TO MONEY DAMAGES AWARD, INABILITY TO ENFORCE INJUNCTION DIRECTLY BUT ABILITY TO GAIN COMPLIANCE THROUGH CONTEMPT SANCTIONS WHERE ACTION WAS BROUGHT.)
- 2. Statute of Limitations Issues
- 3. Federal Jurisdiction
- III. LITIGATING TRADE SECRET ACTION--DEFENDANT'S PERSPECTIVE
- A. Pre-Emption Defenses
- B. Statute of Limitations
- C. Other Defenses
- D. Effect of Arbitration Provision
- E. Challenging the Identification of the Trade Secrets
- F. Deliberate Publication of Trade Secrets by the Plaintiff
- (PATENTS AND PATENT APPLICATIONS, COPYRIGHT REGISTRATIONS, GOVERNMENTAL DISCLOSURES, PUBLICATION IN OBSCURE JOURNALS TO CREATE "PRIOR ART" TO DEFEAT A RIVAL PATENT CLAIM, ADVERTISING/MARKETING, DATA RIGHTS REGULATIONS)
- G. Retention of Experts
- H. Absence of Damages as Establishing Absence of Liability
- IV. CORPORATE TRADE SECRET PROTECTION PLANS
- A. Policy Considerations/Reasonable (Why do Courts Care? No System Is Perfect)
- B. Identifying and Classifying Trade Secrets
- C. Protecting Documents
- D. Protecting Electronic Data
- E. Physical Security Measures
- F. Employee Agreements/Non Compete Provisions
- G. Protecting Trade Secrets When Contracting With the Government or Others
- V. DEPARTING EMPLOYEES
- A. Seizing Computers, Examining E Mail Messages, Preserving Evidence
- B. Questioning Colleagues and Subordinates
- C. Conducting Exit Interviews
- VI. CRIMINAL PROSECUTION OF TRADE SECRET MISAPPROPRIATION
- A. Pros and Cons of Criminal Prosecution
- B. Economic Espionage Act of 1996
- C. State Economic Espionage Acts
- D. Preparing a Presentation for Prosecutors
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