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 (American Bar Association, 2012)
"Section of Intellectual Property Law, Section of Litigation [and] Tort Trial & Insurance Practice Section"--P. [4] of cover. - Includes index
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
Keywords: Trade secrets / Law and legislation / United States; Actions and defenses / United States; Civil procedure / United States; Recht; USA