Law of Trade Secret Litigation Under the Uniform Trade Secrets Act PDF Download

Author: J. Patrick Huston
Publisher: Juris Publishing, Inc.
ISBN: 9781578232505
Category : Actions and defenses
Languages : en
Pages :

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Author: J. Patrick Huston
Publisher: American Bar Association Intellectual Property Law Section
ISBN: 9781641056021
Category : Actions and defenses
Languages : en
Pages : 881

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Book Description
"The comprehensive analysis is accompanied by a synthesis of the Uniform trade secrets act case law determining the key trade secret issues as well as online synopses of each UTSA case, organized by the type of the alleged trade secret, the industry, and whether the trade secret owner won or lost"--ABA website.

Author: Richard F. Dole
Publisher:
ISBN:
Category :
Languages : en
Pages : 36

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Book Description
Trade secret litigation is both intensive and expensive. This article discusses the advantages and disadvantages of enabling a defendant to require a plaintiff to identify the trade secrets at issue early in the discovery process and protecting a defendant that does so from responding to discovery with respect to his or her trade secrets until the plaintiff has complied. This approach is fully consistent with, if not affirmatively compelled by, the Uniform Trade Secrets Act, which has been enacted in 47 states, and the federal Defend Trade Secrets Act, which became federal law in May, 2016, both of which were enacted to protect actual trade secrets. A special California statute has implemented this approach since 1985 and both federal and state judges have followed the approach in applying procedural discovery rules. Fairness to plaintiffs requires allowing amendment of a trade secret identification to reflect new information obtained through discovery and allowing plaintiffs to excuse early identification if a defendant wrongfully has stripped them of the ability to identify the trade secrets at issue by destruction or theft of records. Properly administered, the approach encourages pre-filing investigation of trade secret claims, facilitates judicial control of discovery in trade secret cases, gives defendants fairer notice of the charges against them, and provides earlier and shaper focus to trade secret litigation.

Author: The Intellectual Property Section Cla
Publisher:
ISBN: 9781735907420
Category :
Languages : en
Pages : 580

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Book Description
A 26-chapter treatise that explains the fundamentals and intricacies of trade secret law under the federal Defend Trade Secrets Act (DTSA) and the California Uniform Trade Secret Act (CUTSA).

Author: Rochelle C. Dreyfuss
Publisher: Edward Elgar Publishing
ISBN: 0857933078
Category : Business & Economics
Languages : en
Pages : 639

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Book Description
This timely Handbook marks a major shift in innovation studies, moving the focus of attention from the standard intellectual property regimes of copyright, patent, and trademark, to an exploration of trade secrecy and the laws governing know-how, tacit knowledge, and confidential relationships. The editors introduce the long tradition of trade secrecy protection and its emerging importance as a focus of scholarly inquiry. The book then presents theoretical, doctrinal, and comparative considerations of the foundations of trade secrecy, before moving on to study the impact of trade secrecy regimes on innovation and on other social values. Coverage includes topics such as sharing norms, expressive interests, culture, politics, competition, health, and the environment. This important Handbook offers the first modern exploration of trade secrecy law and will strongly appeal to intellectual property academics, and to students and lawyers practicing in the intellectual property area. Professors in competition law, constitutional law and environmental law will also find much to interest them in this book, as will innovation theorists.

Author: Trey Cox
Publisher: Texas Lawyer
ISBN: 9781628815122
Category :
Languages : en
Pages : 0

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Book Description
For General Counsel, Business Litigators, Intellectual Property Attorneys, Employment Attorneys, Those Defending a Claim. A Practical Guide to the Changing Landscape. Because modern technology now permits easy access to confidential information from virtually any location, and because of the increasingly fluid employment market, trade secret claims are fast becoming a central concern for business litigators in Texas. In this brand-new practice resource, Trey Cox and Chris Patton, veteran litigators with Lynn Pinker Cox & Hurst, LLP, a litigation boutique in Dallas, bring clarity to evolving legal standards for these types of claims, and the procedural issues that commonly arise in the context of state and federal trade secret claims. Field Client Questions Narrow Research Focus Follow this Area as it Develops Year to Year Texas Trade Secret Litigation covers: What a Trade Secret is and Who Owns It Misappropriation Planning and Initiating a Trade Secret Lawsuit Discovery in a Trade Secret Lawsuit Responding to the Trade Secret Lawsuit Expert Witnesses In Trade Secret Cases Trying a Trade Secrets Case Monetary and Equitable Relief; Defend Trade Secrets Act of 2016 Also Included Sample Documents and Forms Table of Cases Table of Statutes Index Texas Uniform Trade Secrets Act (enacted in 2013) Uniform Trade Secrets Act Federal Defend Trade Secrets Act (enacted in 2016)

Author: Chris Graham
Publisher:
ISBN: 9781641058872
Category : Business & Economics
Languages : en
Pages : 339

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Book Description
"this book explores the questions of trade secret identification, protection, and economic value from the standpoint of what executives, the board of directors, and the general counsel must consider when faced with the prospect of trade secret litigation. While the main focus is on the trade secret owner, due consideration is given throughout the text to corresponding issues facing an alleged misappropriator"--

Author: Grace Marie Mills
Publisher:
ISBN: 9780837738772
Category : Trade secrets
Languages : en
Pages : 62

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Book Description
"This research guide provides information on where to find the disparate elements that are important to begin to understand the area of trade secret law. It lists U.S. federal and state laws as well as international laws, discusses an array of court cases, many of which offer conflicting analysis and decisions, and covers the Uniform Trade Secrets Act. The guide offers a method for discerning relevant case decisions, laws, articles and web materials"--Publisher.

Author: David W. Quinto
Publisher: OUP USA
ISBN: 9780199767571
Category : Law
Languages : en
Pages : 0

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Book Description
This book 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. This book is an invaluable resource for both firm-based litigators and in-house attorneys, and it sets a new standard for the insightful analysis of U.S. trade secret law and practice.

Author: Peter S. Menell
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
As the knowledge economy expanded and concerns about trade secret misappropriation mounted in the digital age, federal policymakers undertook efforts to reinforce trade secret protection a decade ago. These efforts came to fruition with passage of the Defend Trade Secrets Act of 2016 (DTSA). This landmark legislation, modeled on the Uniform Trade Secrets Act, elevated and expanded trade secret law's role in the federal intellectual property system. DTSA fully opened the federal courts to trade secret litigation as well as added several new features, including an ex parte seizure remedy and whistleblower immunity.DTSA added to the large and growing federal caseloads. It also exposes more federal judges, relatively few of whom studied or litigated trade secret cases prior to their judicial appointments, to the distinctive challenges of trade secret litigation.As with patent litigation, federal judges have implemented innovative approaches to managing trade secret litigation based on the distinctive features of these intangible resources. As with patent litigation, with its pretrial claim construction process, courts have developed practical strategies for identifying the protected trade secrets at issue. This task is complicated by the need to insulate trade secrets from public disclosure. Moreover, trade secret law often involves requests for pretrial equitable relief, which demands additional intensive case management. Furthermore, unlike patent law, federal trade secret law includes criminal law provisions. The interplay of civil and criminal trade secret cases further complicates case management.Drawing on the PATENT CASE MANAGEMENT JUDICIAL GUIDE (3d ed. 2016)--with chapters organized in the stages of litigation and guided by an early case management checklist--the TRADE SECRET CASE MANAGEMENT JUDICIAL GUIDE provides judges with a comprehensive resource for surveying trade secret law and managing trade secret litigation.