Includes online access to more than 7,500 pages of case synopses.
Out-of-state cases under the Uniform Trade Secrets Act (UTSA) can help
win UTSA cases, and courts are frequently required to consider
out-of-state UTSA cases in state UTSA actions and in federal actions
under the Defend Trade Secrets Act, where UTSA claims are often
asserted. But finding out-of-state UTSA cases supporting one's claims
can be daunting.
This updated edition makes out-of-state UTSA cases readily accessible by
analyzing all of the first 40 years of state and federal UTSA published
cases (1979-2018) from the 49 UTSA adopting states, which discuss three
important issues:
- Is the information at issue a trade secret under the UTSA?
- Did the defendant's conduct constitute trade secret misappropriation
under the UTSA?
- Is the plaintiff entitled to an injunction, damages, and/or
attorney's fees under the UTSA?
The comprehensive analysis is accompanied by a clear synthesis of the
UTSA case law determining the three trade secret issues above, as well
as online synopses of each of the UTSA cases, organized by the type of
the alleged trade secret (software, customer list, etc.), the industry
involved (software, medical, etc.), and whether the trade secret owner
won or lost.
The Law of Trade Secret Litigation Under the Uniform Trade Secrets Act,
Second Edition is a "must-have" resource for trade secret litigators
seeking the best published cases supporting their UTSA claims, and for
others seeking to better understand UTSA case law.
Praise for The Law of Trade Secret Litigation Under the Uniform Trade
Secrets Act
"I recently discovered one most impressive publication on trade secrets
law entitled The Law of Trade Secret Litigation Under the Uniform Trade
Secrets Act by J. Patrick Huston. The academic effort to compile this
treatise far surpasses research and resources on UTSA law and case law
developments. But it is much more than a treatise or a collection of
trade secret cases. It is a trade secret litigator's guide to case law
and analysis on the three overriding substantive issues in trade secret
litigation: (1) is the information at issue a trade secret under the
UTSA; (2) did the defendant's conduct constitute misappropriation under
the UTSA, and (3) what are the appropriate remedies for misappropriation
under the UTSA.
This will be a go-to resource for developing federal law under the new
Defend Trade Secrets Act which became effective on May 11, 2016 because
the DTSA builds upon the UTSA. Trade secret litigators and Judges can
now readily access and cite leading UTSA cases in emergency trade secret
lawsuits by immediate reference to earlier analogous trade secret
decisions readily accessible (organized by both state and type of trade
secret). As a trade secret litigator and a professor teaching trade
secret law for the past 23 years, I highly recommend the purchase of
this phenomenal publication on trade secrets law."
-- R. Mark Halligan, FisherBroyles, Co-author of the Defend Trade
Secrets Act of 2016 Handbook
