Keeping Secrets A Practical Introduction to Trade Secret Law and Strategy

ISBN-10: 0199797439
ISBN-13: 9780199797431
Edition: 2012
List price: $75.00
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Description: 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  More...

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Book details

List price: $75.00
Copyright year: 2012
Publisher: Oxford University Press, Incorporated
Publication date: 6/12/2012
Binding: Paperback
Pages: 224
Size: 6.25" wide x 9.25" long x 0.50" tall
Weight: 0.594
Language: English

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 Strategyis 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.

About the Authors
Acknowledgments
Introduction
The Trade Secrets of Boutique Hotels
Should You Be Reading This Book?
The Scandalous Structure of This Book
The Basics
Trade Secrets-The Basics
Apache Helicopter Airstrikes and Lady Gaga
An Introduction to Trade Secrets
Trade Secrets-Definition and Four Famous Examples
Information
Secrecy
Value
Reasonable Efforts
Trade Secret Theft: Defining "Misappropriation"
Remedies for Trade Secret Misappropriation
Nonmonetary Relief
Monetary Relief
Criminal Trade Secret Law
Trade Secrets vs. Patents: When Trade Secrets Are the Best Strategy and When They're Not
Summarizing Trade Secret Law
Trade Secrets in Context: Why Trade Secrets Are Increasingly Important to Businesses, Employees, and the Economy
The Customer List in the Age of Google, LinkedIn, and Facebook
The Evolving Technologies, Social Norms, Politics, Economics, and Dozens of Other Factors That Shape the Use and Misuse of Trade Secrets
Trade Secrets Were Slow to Develop, Quick to Proliferate
New Technology
Employee Mobility and Attitudes
Increasing Value
The Flexible (and Expanding) Scope of Trade Secret Law
The Future of Trade Secrets
Four Keys to a Successful Trade Secret Strategy
Key No. 1: How to Recruit, Hire, Train, and Terminate Employees
Mr. Chang�s $200 Million "Resignation"
Employees Are the Primary Source of Trade Secret Misappropriation
How to Recruit and Hire Employees
Vet Applicants with an Eye Toward Trade Secret Protection
Agreements with Incoming Employees
Hiring from Competitors
How to Train Employees
How to Terminate Employees
An Argument Against Doing Nothing
How to Avoid a $200 Million Resignation
Key No. 2: Information Security
Founder of Alpha Mining Systems: "I was like the husband whose wife was getting it on the side"
The Right and Wrong Lessons from the Tale of Alpha�s Plundering
One Size Does Not Fit All
Basic Protections for Information
Limit Access to Information to Only Those Who Need It
Place Legends on Documents and Files
Implement an Information Tracking System
Dispose of Information Properly
Regulate Information That Must Leave the Company
Encourage Reporting of Violations and Investigate and Punish Violations
Basic Protections for Electronic Information
Non-memorialized Data
Rules for Receiving Trade Secrets from Outsiders
Government Liaisons
Information Security Should Not Be Static
Key No. 3: Physical Security
A Business Feud Turns Toxic
The Non-digital World of Break-Ins and Dumpster Diving
Securing Physical Confidential Information and the Facilities That House Such Information
Be Wary of Visitors
A Closing Note About Employee Resistance
Key No. 4: Agreements to Protect Trade Secrets
Dampening the Aloha Spirit
The Importance of Written Agreements
Confidentiality and Invention Assignment Agreements with Employees
Confidentiality Agreements with Outsiders
Parties That Refuse to Sign Confidentiality Agreements
Noncompetition and Nonsolicitation Agreements
Confidentiality Agreements Protect Against Most Threats
Trade Secrets in Practice
Investigating Suspected Trade Secret Theft
Informix to Commuting Oracle Employees: "Caution: Dinosaur Crossing"
Avoiding Informix's Fate
Act Immediately in Response to Suspected Trade Secret Misappropriation
Attorneys Should Direct the Investigation
Conducting a Trade Secret Investigation
Gathering Information
Interviews
Monitoring
The Investigation Is Over. Now What?
Do Nothing
Fix the Leak
Talk to the Alleged Misappropriator
Send Letters
Alternative Dispute Resolution
File a Civil Lawsuit
Notify Law Enforcement
Look First, Leap Second
Knowing What You've Got and Whether You're Doing Enough to Protect It: A Trade Secret Audit
An "Information Addict" Misappropriates $400 Million in DuPont�s Trade Secrets
A Trade Secret Audit Defined
To Audit, or Not to Audit?
The Audit Team
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
The Audit Report
Acting on the Audit Report
Audit, Report, Then Repeat (a Few Years Later)
Trade Secret Litigation: What to Expect When You're Litigating
Night Raids and an Accidental "Confession" in the Case That Wouldn't Die
Working with Counsel
Early Decisions in Trade Secret Litigation
Important Trade Secret Litigation Lessons If You Are the Victim
Don't Pretend Everything Is a Trade Secret
Coordinate Litigation Strategy with Non-litigation Conduct
Expect the Accused to Go on the Offensive
Consider the Impact on Customers, Suppliers, and Other Stakeholders
Identify and Remember Your Goals
Important Trade Secret Litigation Lessons If You Are the Accused
Don't Make the Situation Worse
It Will Not Go Away Because You Ignore It
Don't Allow the Plaintiff to Rely on Vague Descriptions of Its Trade Secrets
Conduct Your Own Investigation
Don't Wait to Take Appropriate Action-Be Proactive
The Company That Ignores Trade Secrets Does So at Its Peril
Appendix A-List of Case Studies
Notes
Index

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