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This treatise 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. Using a uniform topic structure that provides a comparative view across states, this treatise is invaluable for lawyers with a multi-jurisdictional practice, as well as for those seeking persuasive authority from other states.
Issues examined in the Fifth Edition include whether ownership, as opposed to mere possession, is a prerequisite to a claim for trade secret misappropriation; how particularized a trade secret claim must be at pleading and throughout litigation; what must be shown by a party asserting trade secret status as a basis for sealing a court record; what must be shown to recover punitive damages for a trade secret misappropriation; whether a corporate entity can be capable of engaging in the type of conduct required to support punitive damages; the extent to which the Uniform Trade Secrets Act preempts common law claims for unfair competition and breach of the employee duty of loyalty; and more.
The 2017 Cumulative Supplement contains analysis of issues including the availability of protective orders in Arkansas; statutes of limitation analysis in California; whether Florida Privacy of Communication Act claims are preempted by the Florida Uniform Trade Secrets Act; the availability of attorney’s fee awards under Maryland law where a claim for trade secret misappropriation is lodged not to protect a trade secret but to gain leverage in a divorce proceeding; whether hair replacement techniques can be properly styled as trade secrets under Virginia law; whether a nonparty’s medical factoring data can be protected from subpoena as a trade secret under West Virginia law, and more.
SUMMARY OF CONTENTS
Each State Chapter Addresses:
"I am a huge fan of your restrictive covenant and trade secret books. They are well-worn resources in my legal library."
Partner, Labor and Employment Department, Dilworth Paxson LLP, Philadelphia, PA, and author of The Employer Handbook blog.
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