The Contract Exception To The Uniform Trade Secrets Act And Its Implications For The Federal Defend Trade Secrets Act
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The Contract Exception To The Uniform Trade Secrets Act And Its Implications For The Federal Defend Trade Secrets Act
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Author : Richard F. Dole
language : en
Publisher:
Release Date : 2018
The Contract Exception To The Uniform Trade Secrets Act And Its Implications For The Federal Defend Trade Secrets Act written by Richard F. Dole and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
The state statutory remedies for trade secret misappropriation and the new federal statutory remedies in the 2016 federal Defend Trade Secrets Act must be coordinated with both each other and with state enforcement of restrictive employment covenants. Whenever both statutory and contractual remedies are sought, a double monetary recovery for a single wrong must be avoided. A statutory remedy should not prohibit conduct that state restrictive employment covenant policy does not allow to be restricted. The fact that state restrictive covenant policy can protect confidential information that does not qualify for trade secret protection also must not be allowed to erode the statutory definition of trade secret.
The Contours Of American Trade Secret Law
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Author : Richard F. Dole
language : en
Publisher:
Release Date : 2016
The Contours Of American Trade Secret Law written by Richard F. Dole and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
This article is the first thorough comparison of the definition of trade secret in the Uniform Trade Secrets Act, which has been enacted in 47 states, with the principal nonuniform amendments adopted by various states, and with the subsequent definitions of trade secrets in the federal Economic Espionage Act, the Restatements of Unfair Competition and Employment Law, the NAFTA Agreement, the TRIPs Agreement, and the proposed European Union Directive on Undisclosed Know-How and Business Information (Trade Secrets). With the exception of the Nebraska nonuniform amendments, which unduly limit protectable trade secrets by unreasonably expanding the scope of the “known” and “ascertainable” exclusions from the definition, as interpreted by the courts, the nonuniform amendments have not been unduly impairing. Perhaps because they were negotiated, the treaties and the proposed European Union Directive were influenced by the Uniform Act definition but offer no suggestions for improving it. The Restatement of Unfair Competition definition suggests that reference to “independent” economic value could be deleted but this phraseology has not caused apparent problems. Most importantly, the Restatement of Employment Law suggests that in applying the Uniform Act definition, the courts should require a plaintiff former employer to prove that the relief requested does not unnecessarily restrict the defendant former employee's exercise of his or her general experience and ordinary knowledge, training, and skills. Moreover, this burden should include proof that any threatened misappropriation involves positive secret information about what will work rather than purely negative secret information about what will not work.
Trade Secrecy And International Transactions
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Author : Elizabeth A Rowe
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-08-28
Trade Secrecy And International Transactions written by Elizabeth A Rowe and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-28 with Law categories.
Trade secret protection has long been of critical strategic importance to business interests and globalization of commerce has driven an increasing need to govern the preservation of confidentiality in international business transactions. This book off
Trade Secrets Protection And Exploitation
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Author : Jerry Cohen
language : en
Publisher: BNA Books (Bureau of National Affairs)
Release Date : 1998
Trade Secrets Protection And Exploitation written by Jerry Cohen and has been published by BNA Books (Bureau of National Affairs) this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Trade secrets categories.
Treating certain information as trade secrets has its legal advantages -- but only if you protect that information properly.Know your clients' rights and limits with this thorough treatment of the entire range of trade secret issues. The authors give you winning strategies at every stage of trade secret protection -- and explore related topics including covenants not to compete and raiding.
Tailoring A Public Policy Exception To Trade Secret Protection
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Author : Peter S. Menell
language : en
Publisher:
Release Date : 2017
Tailoring A Public Policy Exception To Trade Secret Protection written by Peter S. Menell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
The growing importance of information resources as well as mounting threats to proprietary information in the digital age propelled federalization of trade secret protection onto the national legislative agenda during the past year. This salience provided a propitious opportunity to address a critical overlooked failing of trade secret protection: the lack of a clear public policy exception to foster reporting of illegal activity. The same routine non-disclosure agreements that are essential to safeguarding trade secrets can be and are used to chill those in the best position to reveal illegal activity. Drawing on classic law enforcement scholarship as well as established institutions for protecting proprietary information, this article proposes a sealed disclosure/trusted intermediary exception to trade secret protection. This approach safeguards trade secrets while promoting effective law enforcement. The article also recommends that non-disclosure agreements prominently include notice of the law reporting safe harbor to ensure that those with knowledge of illegal conduct are aware of this important public policy limitation on non-disclosure agreements and exercise due care with trade secrets in reporting illegal activity. Based on an earlier draft of this Article, Congress adopted a whistleblower immunity provision as part of the Defend Trade Secrets Act of 2016.
Cross Border Trade Secret Disputes In The European Union
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Author : Lydia Lundstedt
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-10-06
Cross Border Trade Secret Disputes In The European Union written by Lydia Lundstedt and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-06 with Law categories.
With the rise of international trade and innovation, there has been an increase in cross border trade secret violations. Using common trade secret scenarios as a springboard for analysis, the book questions whether EU private international law rules can be interpreted to facilitate the objective of the EU Trade Secret Directive and in doing so provides a detailed examination of both regimes.
Trade Secret Litigation And Protection
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Author : The Intellectual Property Section Cla
language : en
Publisher:
Release Date : 2022-04-22
Trade Secret Litigation And Protection written by The Intellectual Property Section Cla and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-22 with categories.
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).
Cases And Materials On Trade Secret Law
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Author : Elizabeth A. Rowe
language : en
Publisher: West Academic Publishing
Release Date : 2012
Cases And Materials On Trade Secret Law written by Elizabeth A. Rowe and has been published by West Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Trade secrets categories.
This, the first casebook in the United States devoted exclusively to trade secret law, is challenging yet user-friendly to students. In order to facilitate understanding of the material, the book is designed to be used by law and business students with no prior background in intellectual property law. Throughout, the authors have made conscious and thoughtful decisions about the way in which the information is presented and organized. The general organization follows a logical analytical approach to understanding trade secret law, with the chapters progressing from proving the essential elements of a trade secret claim to defensive tactics and remedies, managing trade secrets, and criminal actions. It also addresses employment, management, and international issues.
Milgrim On Trade Secrets
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Author : Roger M. Milgrim
language : en
Publisher:
Release Date : 1967
Milgrim On Trade Secrets written by Roger M. Milgrim and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1967 with Trade secrets categories.
Model Rules Of Professional Conduct
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Author : American Bar Association. House of Delegates
language : en
Publisher: American Bar Association
Release Date : 2007
Model Rules Of Professional Conduct written by American Bar Association. House of Delegates and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.