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Vol 21 No 9 Sept/Oct 2016

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Keeping Secrets: A Practical Introduction to Trade Secret Law and Strategy

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ISBN13: 9780199797431
Published: July 2012
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Paperback
Price: Out of print

Trade secrets - stealing them, protecting them, enforcing them - are increasingly big business. To understand why, consider any information you know about your job that you're supposed to keep confidential. That information may qualify as a trade secret. Trade secrets concern everyone; from the engineer who invents a better mousetrap to the marketer who knows pre-release prices; from the CEO who drafts the company's five-year plan to the HR rep who manages the organizational chart, and so on.

Keeping Secrets: A Practical Introduction to Trade Secret Law and Strategy is an accessible primer on all things trade secret. It examines the audacious schemes of trade secret thieves by presenting dozens of case studies and the lessons to learn from them. It also offers best practices for protecting trade secrets from theft, investigating a suspected breach, and enforcing a trade secret in court and other forums. Preeminent intellectual property lawyers, Darin Snyder and David Almeling have written this book for anyone who wants to learn about trade secrets: including corporate executives and engineers, judges and students, even attorneys not practicing trade secret law who need general information on the subject.

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Other Jurisdictions , USA
About the Authors
1. The Trade Secrets of Boutique Hotels
2. Should You Be Reading This Book?
3. The Scandalous Structure of This Book
Part I: The Basics

Chapter 1
Trade Secrets - The Basics
1. Apache Helicopter Airstrikes and Lady Gaga
2. An Introduction to Trade Secrets
3. Trade Secrets - Definition and Four Famous Examples
i. Information
ii. Secrecy
iii. Value
iv. Reasonable Efforts
4. Trade Secret Theft: Defining "Misappropriation"
5. Remedies for Trade Secret Misappropriation
i. Nonmonetary Relief
ii. Monetary Relief
6. Criminal Trade Secret Law
7. Trade Secrets vs. Patents: When Trade Secrets Are the Best Strategy, and When They're Not
8. Summarizing Trade Secret Law

Chapter 2
Trade Secrets in Context: Why Trade Secrets Are Increasingly Important To Businesses, Employees, and the Economy
1. The Customer List in the Age of Google, LinkedIn, and Facebook
2. The Evolving Technologies, Social Norms, Politics, Economics, and Dozens of Other Factors that Shape the Use and Misuse of Trade Secrets
3. Trade Secrets Were Slow to Develop, Quick to Proliferate
4. New Technology
5. Employee Mobility and Attitudes
6. Increasing Value
7. The Flexible (and Expanding) Scope of Trade Secret Law
8. The Future of Trade Secrets
Part II: Four Keys To a Successful Trade Secret Strategy

Chapter 3
Key No.
1: How to Recruit, Hire, Retain, and Terminate Employees
1. Mr. Chang's $200 Million "Resignation"
2. Employees Are the Primary Source of Trade Secret Misappropriation
3. How to Recruit and Hire Employees
a. Vet Applicants with an Eye Toward Trade Secret Protection
b. Agreements with Incoming Employees
c. Hiring from Competitors
4. How to Train Employees
5. How to Terminate Employees
6. An Argument Against Doing Nothing
7. How to Avoid a $200 Million Resignation

Chapter 4
Key No.
2: Information Security
1. Founder of Alpha Mining Systems: "I was like a husband whose wife was getting it on the side."
2. The Right and Wrong Lessons from the Sordid Tale of Alpha's Plundering
3. One Size Does Not Fit All
4. Basic Protections for All Information
a. Limit Access to Information to Only Those Who Need It
b. Place Legends on Documents
c. Implement an Information Tracking System
d. Dispose of Information Properly
e. Limit What Information Leaves the Company
f. Encourage Reporting of Violations and Investigate and Punish Violations
5. Basic Protections for Electronic Information
6. Non-Memorialized Data
7. Rules for Receiving Trade Secrets from Outsiders
8. Government Liaisons
9. Information Security Should Not Be Static

Chapter 5
Key No.
3: Physical Security
1. A Business Feud Turns Toxic
2. The Non-Digital World of Break-Ins and Dumpster Diving
3. Securing Physical Confidential Information and the Facilities that House Such Information
4. Be Wary of Visitors
5. A Closing Note About Employee Resistance

Chapter 6
Key No.
4: Agreements to Protect Trade Secrets
1. Dampening the Aloha Spirit
2. The Importance of Written Agreements
3. Confidentiality and Invention Assignment Agreements with Employees
4. Confidentiality Agreements with Outsiders
5. Parties That Refuse to Sign Confidentiality Agreements
6. Noncompetition and Nonsolicitation Agreements
7. Confidentiality Agreements Protect Against Most Threats
PART III: Trade Secrets in Practice

Chapter 7
Investigating Suspected Trade Secrets Theft
1. Informix to Oracle's Employees: "Caution: Dinosaur Crossing"
2. Avoiding Informix's Fate
3. Act Immediately in Response to Suspected Trade Secret Misappropriation
4. Attorneys Should Direct the Investigation
5. Conducting a Trade Secret Investigation
a. Gathering Information
b. Interviews
c. Monitoring
6. The Investigation Is Over. Now What?
a. Do Nothing
b. Fix the Leak
c. Talk to the Alleged Misappropriator
d. Send Letters
e. Alternative Dispute Resolution
f. File a Civil Lawsuit
g. Notifying Law Enforcement Officials
7. Look First, Leap Second

Chapter 8
Knowing What You've Got and Whether You're Doing Enough to Protect It:
A Trade Secret Audit
1. An "Information Addict " Misappropriates $400 Million in DuPont's Trade Secrets
2. A Trade Secret Audit Defined
3. To Audit, or Not to Audit?
4. The Audit Team
5. The Content of a Trade Secret Audit: Identifying the Company's Trade Secrets, Their Location, Their Value, and What Is Being Done to Protect Them
6. The Audit Report
7. Acting on the Audit Report
8. Audit, Report, Then Repeat (a Few Years Later)

Chapter 9
Trade Secret Litigation: Working with Counsel
Table of Cases