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As the value of a business has increasingly become a reflection of the value of the company's ideas, trade secret law has become more important, but the field of trade secrets is less well-covered by a substantial margin than patent, copyright or trademark. While several existing treatises discuss U.S. trade secret law, Trade Secret Litigation: Practice and Strategy is perhaps the first to do so from a trial-lawyer's perspective. In addition to case-law analysis, it contains strategic advice on prosecuting and defending trade secret misappropriation actions, maintaining legally sufficient trade secret protection measures, and supervising outside attorneys in a trade-secret litigation.
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Trade Secrets This page intentionally left blank Trade Secrets Law and Practice David W. Quinto Stuart H. Singer 1 1 Oxford University Press, Inc., publishes works that further Oxford University’s objective of excellence in research, scholarship, and education. Oxford New York Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Mexico City Nairobi New Delhi Shanghai Taipei Toronto Madrid Melbourne With offices in Argentina Austria Brazil Chile Czech Republic France Greece Guatemala Hungary Italy Japan Poland Portugal Singapore South Korea Switzerland Thailand Turkey Ukraine Vietnam Copyright © 2009 by Oxford University Press, Inc. Published by Oxford University Press, Inc. 198 Madison Avenue, New York, New York 10016 Oxford is a registered trademark of Oxford University Press Oxford University Press is a registered trademark of Oxford University Press, Inc. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of Oxford University Press, Inc. _____________________________________________ Library of Congress Cataloging-in-Publication Data Quinto, David W., 1955Trade secrets : law and practice / David W. Quinto, Stuart H. Singer. p. cm. Includes bibliographical references and index. Summary: “This work focuses on what is protectable as a trade secret, litigating trade secret actions, plaintiff ’s and defendant’s perspectives, corporate trade secret protection plans and practices, hiring and terminating employees, criminal prosecution of trade secret misappropriation”—Provided by publisher. ISBN 978-0-19-533783-9 ((pbk. ) : alk. paper) 1. Trade secrets—United States. I. Singer, Stuart H. II. Title. KF3197.Q56 2009 346.7304'8—dc22 2008029798 _____________________________________________ 1 2 3 4 5 6 7 8 9 Printed in the United States of America on acid-free paper Note to Readers This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is based upon sources believed to be accurate and reliable and is intended to be current as of the time it was written. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional services. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. Also, to confirm that the information has not been affected or changed by recent developments, traditional legal research techniques should be used, including checking primary sources where appropriate. (Based on the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations.) You may order this or any other Oxford University Press publication by visiting the Oxford University Press website at www.oup.com The authors dedicate this book to Gillian Ann Quinto, Taylor Juann Quinto, Matthew Adam Singer, and Mark Byron Singer, who a