Details
- Co-written by two 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 value of a business is more than ever a reflection of the value of the company's ideas, which makes trade secrets an increasingly important part of this equation. Trade Secrets: Law and Practice is the first legal treatise to cover the subject from a trial lawyer's perspective, and it should be on the desk of every firm litigator and in-house counsel involved in the protection of trade secrets.
Written by two highly experienced trial lawyers, David Quinto and Stuart Singer, Trade Secrets: Law and Practiceassembles 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 Second Edition contains a new overview of litigation burdens, presumptions and inferences; a comprehensive analysis of the applicability of the Computer Fraud and Abuse Act (CFAA) to trade secret misappropriation claims; the latest developments in the evolving approaches to the Uniform Trade Secrets Act (UTSA) preemption of common law and state statutory claims; and an expanded state-by-state analysis of trade secret litigation.
This book is an invaluable resource for both firm-based litigators and in-house attorneys. It sets a new standard for the insightful analysis of U.S. trade secret law and practice.
Readership: Patent and trademark litigators, in-house attorneys (both US and overseas) All law libraries that acquisition in these areas
Acknowledgments
Authors' notes
About the authors
CHAPTER I: What Is Protectable as a Trade Secret?
A. The Majority Rule: "Trade Secret" as Defined by the UTSA
B. The Restatement (Third) of Unfair Competition View
of Trade Secrets
C. New York, New Jersey, and Texas: The Restatement (First)
of Torts Definition
D. The Massachusetts Definition
E. The North Carolina Definition
CHAPTER II:Litigating Trade Secret Actions-Plaintiff's Perspective
A. Alleging Trade Secret Misappropriation
B. Elements of Misappropriation Claim
C. Alleging Alternative Claims
D. Requirement to Identify Trade Secrets with
"Reasonable Particularity"
E. Presumptions, Inferences, and Burden-Shifting __
F. Preliminary Injunctive Relief
G. Choosing an Expert
H. Discovery Tactics
I. Remedies
J. Settlement
K. Procedural Considerations
L. Standing
CHAPTER III: Litigating Trade Secret Actions-Defendant's Perspective
A. Defenses
B. Effect of Arbitration Provision
C. Challenges to the Plaintiff's Trade Secret Identification
D. Discovery Considerations
E. Finding Experts
CHAPTER IV: Corporate Trade Secret Protection Plans and Practices
A. Legal Requirements and Policy Considerations
B. Trade Secret Audits
C. Trade Secret Protection Plans
D. Protecting Information Disclosed to the Government
CHAPTER V: Hiring and Terminating Employees
A. Hiring Employees
B. Terminating Employees
CHAPTER VI: Criminal Prosecution of Trade Secret Misappropriation
A. Whether to Seek Criminal Prosecution
B. Persuading the Government to Prosecute
C. Federal Economic Espionage Act of 1996
D. Other Potentially Applicable Federal Criminal Statutes
E. State Criminal Statutes
F. Creating a Compliance and Ethics Program
to Reduce Criminal Exposure
APPENDIX:Overview of Trade Secrets Laws of Selected States
A. Arizona
B. California
C. Delaware
D. Florida
E. Georgia
F. Illinois
G. Indiana
H. Maryland
I. Massachusetts
J. Michigan
K. Minnesota
L. Missouri
M. New Jersey
N. New York
O. North Carolina
P. Ohio
Q. Pennsylvania
R. Tennessee
S. Texas
T. Virginia
U. Washington
V. Wisconsin
Table of cases
Index
David W. Quinto is a founding partner and head of internet litigation at Quinn Emanuel Urquhart & Sullivan LLP in Los Angeles, California. His practice focuses on intellectual property matters, with an emphasis on copyright, trademark, trade secret and Internet-related claims. Mr. Quinto is principally responsible for protecting the rights of the Academy of Motion Picture Arts and Sciences in the OSCAR and ACADEMY AWARDS marks, and Lockheed Martin in the SKUNK WORKS mark. He has also protected intellectual properties owned by Mattel, Avery Dennison, The World Wrestling Federation, the Academy of Television Arts and Sciences, and The America's Cup Organizing Committee.
Stuart H. Singer is a partner in the law firm of Boies, Schiller & Flexner, LLP, resident in the firm's Ft. Lauderdale, Florida office. Over the past 20 years, Mr. Singer has successfully handled many significant and difficult litigation cases in trial courts, arbitrations, and appeals throughout the United States, in a number of substantive fields, including intellectual property, antitrust, and constitutional law.
"An excellent guide for both litigators and corporate counsel."
--David Boies, Managing Partner, Boise Schiller & Flexner LLP
"A vital resource by two top litigators."
--Lance Liebman, Director, American Law Institute
Professor and former Dean, Columbia University School of Law
"Quinto and Singer take the complex area of trade secrets and give a comprehensive yet eminently practical analysis that is essential for plaintiffs and defendants alike."
--Martha W. Barnett, Partner, Holland and Knight
President, American Bar Association, 2000-2001
"Extremely helpful, clearly written, and practically organized."
--James Pooley, Partner, Morrison Foerster
"Trade Secrets: Law and Practice by seasoned litigators David Quinto and Stuart Singer will be an important addition to the libraries of nonspecialist practitioners who handle trade-secret misappropriation claims and provide counseling as part of their practices."
--California Lawyer
"Trade Secrets: Law and Practice is a thorough and well-organized work...Quinto and Singer have assembled a practice aid that meets its intent. Even though the intended audience is practitioners, students and researches will find the work a concise assembly of material on trade secrets from a trial lawyer's perspective."
--Legal Information Alert
"Although the stated emphasis of this book is trade secret litigation, it is an excellent resource for the non-litigation lawyer, as well as individuals charged with managing their company's trade secrets."
--John T. Ramsay, Q.C. Gowling Lafleur Henderson LLP
