Milgrim on Trade Secrets

Author: Roger M. Milgrim; Eric E. Bensen
Publisher: LexisNexis Matthew Bender
ISBN: 9780820517384
Published In: Subscription-type (Contents updated periodically)
Format: Loose-leaf (4 volumes)
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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The Most Cited Authority In Trade Secret Cases.

Milgrim on Trade Secrets is the most frequently cited treatise in trade secrets law. Written by two recognized experts with practical experience in all aspects of trade secrets protection and litigation, it is cited as "the authority" in over 200 trade secret cases, including 11 state and federal cases in the past two years alone.

Get Comprehensive, Authoritative Information in One Publication

This unrivaled legal resource provides in depth coverage on trade secret definitions, how to protect a trade secret, and pretrial and trial considerations. In addition to its analysis of traditional trade secret problems such as those arising between owners of trade secrets and their employees, this treatise provides full coverage of other legal issues, including criminal, administrative, antitrust and tax considerations.

The set contains a chapter on intellectual property and the Internet, dealing specifically with trade secrets and the Internet and how the use of e-mail can affect confidentiality, as well as an overview of trademarks and the Internet, copyright and the Internet and the current state of the law regarding personal jurisdiction based on Internet contacts. There is also extensive practical guidance.

Find Detailed References to Individual State Law.

As trade secret law is governed largely by state law, there is detailed footnote material for almost every jurisdiction. These are listed by state in alphabetical order to save practitioners time in finding the applicable law.

First published in 1967.

CHAPTER 1 Definitional Aspects
CHAPTER 2 Trade Secrets as Property
CHAPTER 3 Protection of Trade Secrets by Operation of Law
CHAPTER 4 Protection of Trade Secrets by Contract
CHAPTER 5 Trade Secret Protection in the Employment Relationship
CHAPTER 6 Use of Agreements to Protect Trade Secrets in the Employment Relationship
APPENDIX 6A Precis of State Statutes Voiding Restrictive Covenants
CHAPTER 7 Relationships Other Than Employment in Which Protected Trade Secret Disclosures May Be Made
CHAPTER 8 Trade Secrets As, and Related to, Patentable Matter
CHAPTER 9 Kindred Intellectual Property
APPENDIX 9A Patentable Subject Matter: Mathematical Algorithms and Computer Programs
APPENDIX 9B Copyright and Patent Protection for Computer Software: Are They Mutually Exclusive?
APPENDIX 9C Tales from the Algorithm War: Benson to Iwahashi, It's Deja Vu All Over Again
APPENDIX 9D Who Owns What: Copyrights and Trade Secrets, With Some Reflections on Patents
APPENDIX 9E Report Of The Software Subcommittee To The National Commission On New Technological Uses Of Copyrighted Works
APPENDIX 9F Additional Views On Computer Software
APPENDIX 9G Examination Guidelines for Computer--Related Inventions Final Version
CHAPTER 10 Trade Regulation Pertinent to Technology and Trademark Licensing
APPENDIX 10A Antitrust Guidelines for the Licensing of Intellectual Property
APPENDIX 10B Consent Decrees Relative To Know-How And Technical Information
CHAPTER 11 Taxation
APPENDIX 11A Research And Development Partnerships: Section 174 and Capital Gain
CHAPTER 12 Public Law Aspects of Trade Secrets: Regulatory Agencies; Criminal Prosecution
CHAPTER 13 Issues Prior to Commencement of Action
CHAPTER 14 Pretrial Considerations
CHAPTER 15 Trial Considerations
APPENDIX 15A Appropriation by Memory (David Bender)
CHAPTER 16 Anatomy of Trade Secret Litigation
CHAPTER 17 Intellectual Property and the Internet
CHAPTER 18 Anatomy of a Trade Secret Protection Program

Roger M. Milgrim is a partner of Paul, Hastings, Janofsky & Walker, New York, New York. He has litigated a wide variety of intellectual property and technologically oriented cases involving trade secrets, copyright, and related issues. He regularly negotiates and prepares complex technology-based transactions, including joint ventures, software development, technology licensing agreements, and computer facilities management arrangements. Recent matters have involved microprocessor technology for elevators, microprocessor and CCD array technology for autofocus cameras, artificial skin and related applications, Ziegler-Natta catalytic technology, and an array of customer list and related confidential business information matters. Mr. Milgrim has extensive domestic and international corporate experience and has represented major U.S., French, and Japanese corporations in corporate acquisitions, joint ventures, technology licensing, distributions arrangements, financing, and other commercial transactions. He is the chair of the Firm's Intellectual Property and Technology Group.

Mr. Milgrim is the author of two multi volume intellectual property treatises: Trade Secrets (1967), generally regarded as the standard treatise in the field, and Licensing (1991), both of which are currently supplemented. He is an Adjunct Professor of Law, New York University School of Law, since 1974. His professional memberships include serving as past chair of the Patent and Trademark Committee, Antitrust Law Section, New York State Bar Association, and past chair of the Trade Secret Committee, Patent, Trademark and Copyright Section, American Bar Association. He lectures frequently to lawyers and business groups nationally.

Eric E. Bensen is a coauthor of Milgrim on Trade Secrets and Milgrim on Licensing, two leading intellectual property treatises, and advises clients on complex intellectual property and litigation management matters. He has taught patent, copyright, and intellectual property licensing classes as a Visiting Assistant Professor of Law at Hofstra University School of Law and was in practice for more than 12 years with Paul, Hastings, Janofsky & Walker LLP and Dewey Ballantine LLP. During that time, he led attorney teams in successful litigations of highly complex patent and trade secret cases before the International Trade Commission and a wide range of intellectual property cases in federal and state courts throughout the country. He also negotiated sophisticated copyright, patent and trademark licenses both here and abroad and advised clients on intellectual property licensing issues arising in large transactional matters. His clients have included technology, pharmaceutical, medical device, agricultural, entertainment and consumer product companies.