Protecting trade secrets before, during, and after litigation : an insider's guide to identifying and protecting trade secrets for trial lawyers and in-house counsel
- Graham, Chris Scott.
- Chicago, Ill. : American Bar Association, c2012.
- Physical description
- xvi, 310 p. ; 23 cm.
KF3197 .G73 2012
- Unknown KF3197 .G73 2012
- Identifying the proper plaintiff : standing, ownership, and stakeholders
- Legal and business considerations in identifying the "proper" defendant(s)
- Identifying the trade secrets, internally and during the action
- Identifying the nature and type of trade secret misappropriation, addressing the statute of limitations, and action items for the pre-litigation checklist
- Identifying additional claims to pursue and preemption, pretrial resolution scenarios and mediation, anticipating fee awards and statutory bad faith
- Choosing between jurisdictions and alternative venues: federal versus state courts, jury versus bench trials, arbitrations, and proceedings before the ITC
- Protective orders and document preservation orders
- TROs, preliminary injunctive relief, and expedited discovery
- Special masters, court-appointed neutral experts, and technical advisors
- Addressing the elements of reasonable efforts to protect secrecy and independent economic value
- Headstart injunctions and other forms of post-judgment equitable relief
- The impact of contractual boilerplate provisions on trade secret litigation
- The trade secret fitness audit.
- Publisher's Summary
- This important resource he explores the questions of trade secret identification, protection, and economic value from the standpoint of what executives, the board of directors, and the general counsel must consider when faced with the prospect of trade secret litigation. It's a complete practical guide to protecting trade secrets, through identifying and discussing realistic and practical issues the practitioner may face in this area.
(source: Nielsen Book Data)
- Publication date
- by Chris Scott Graham.
- Includes index.