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Trade Secrets: A State-by-State Survey, Fourth Edition

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Main Volume Information

In-depth analysis of each state's statutory and common law protection of trade secrets

Trade Secrets: A State-by-State Survey, Fourth Edition provides authoritative, in-depth analysis of each state's statutory and common law protection of trade secrets and other confidential business information, both within and outside the employment context.  

The treatise addresses several issues as specific "Additional Topics," including: amendments to complaint, consolidation, conspiracy, conversion, declaratory judgments, default judgments, directed verdicts, evidence (circumstantial), first-filed rule, forum selection clauses, gist of the action doctrine, interrogatories, supplemental jurisdiction, litigation privilege, ownership versus possession, questions of law, and sanctions. It also contains expanded discussions of the inevitable disclosure doctrine and important cross-references to other titles in the State-by-State Survey Series.  

The Fourth Edition includes:

  • Expanded discussion of the inevitable disclosure doctrine
  • Expanded discussion of types of information granted or denied trade secret protection under the various Uniform Trade Secrets Acts
  • Expanded discussion of the availability of injunctive relief and damages  

The following topics are addressed in each state chapter of Trade Secrets: A State-by-State SurveyFourth Edition:

  • State's definition of "trade secret"
  • Courts' interpretations under the statute, Uniform Trade Secrets Act, or common law
  • Policy considerations recognized by courts
  • Evidence establishing the elements of a trade secret and of a misappropriation claim
  • Courts' justifications for denial of protection
  • Types of information granted trade secret protection
  • Types of relief granted for the misappropriation of trade secrets
  • Level of protection for "proprietary information"
  • References to law review articles/other publications

Supplement Information

The 2014 Cumulative Supplement provides detailed analysis on:

  • Availability of protective orders
  • The inevitable disclosure doctrine 

Main Volume Information

2011/2 Volumes/2,944 pp. Hardcover/ABAWEB1573


Supplement Information 

2014/Softcover/ISBN 978-1-61746-526-6/ABAWEB2526

About the Author
Brian M. Malsberger
, a Bloomberg BNA Senior Editor, is the author of Covenants Not to Compete: A State-by-State Survey, Ninth Edition; Employee Duty of Loyalty: A State-by-State Survey, Fourth Edition; Tortious Interference in the EmploymentContext: A State-by-State Survey, Third Edition; and Trade Secrets: A State-by-State Survey, Fourth Edition.

Board of Review Associate Editors
David J. Carr 
is a partner in the Labor and Employment Law section of Ice Miller LLP, Indianapolis, IN.
Arnold H. Pedowitz practices plaintiff-side employment law in New York, NY.
Eric Akira Tate is a partner at Morrison & Foerster LLP and serves as co-chair of the firm’s Employment and Labor Practice Group. 

Committee on Employment Rights and Responsibilities, ABA Section of Labor & Employment Law  


Supplement Information

Brian M. Malsberger, Author; David J. CarrArnold H. Pedowitz, and Eric Akira Tate, Board of Review Associate Editors; Committee on Employment Rights and ResponsibilitiesABA Section of Labor & Employment Law