This book analyzes and synthesizes all of the published opinions of the 47 states that have adopted and construed the Uniform Trade Secrets Act (UTSA) as to three important issues in trade secret litigation: (1) Is the information at issue a trade secret? (2) Was the information misappropriated? and (3) What is the appropriate remedy for the misappropriation? This book will be useful to courts and litigators because it organizes and explains a rich body of trade secret case law, which the courts should consider pursuant to UTSA Section 8's mandate that the UTSA shall be construed uniformly by the states adopting it. This book will be useful to corporate and employment attorneys by explaining a clear, analytic process for evaluating whether trade secret owners are using reasonable efforts to maintain the secrecy of their trade secrets. This analytic process is based on the published opinions of the 47 states that have adopted and construed the UTSA as to what constitutes reasonable secrecy efforts under the UTSA.
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Patrick Huston graduated from the University of Texas at Austin with High Honors and was admitted to Phi Beta Kappa. He went on to graduate from Northwestern University School of Law in Chicago, where he published a paper with Evidence scholar, Professor Jon Waltz. Since law school, Patrick has been associated with several distinguished law firms, including the international firm of Morgan, Lewis & Bockius. Patrick is a principal in The Huston Law Firm, in San Diego, California, where he litigates business and trade secret cases. Patrick has been litigating business cases for 20 years, and trade secret cases for 10 years. Patrick has served as the Co-Chair of the Intellectual Property Section of the San Diego County Bar Association, and he is a member of the Standing Committee on Trade Secrets of the Intellectual Property Section of the State Bar of California.Review:
The Law of Trade Secret Litigation under the Uniform Trade Secrets Act sets a very high standard for all future legal texts. After 6 years and 4,000 pages, Patrick Huston has created a superb resource for both those dealing with the trade secret issue for the first time and those with substantial experience. I have been a trial lawyer for many years and I can say with complete confidence that if I were to try a trade secrets case, I would rely on this book to give me the necessary understanding of the law. The detailed Table of Contents gives me a complete summary of the law, and the book begins with an overview so I am not lost in minutiae. For those with experience, the same Table of Contents allows the reader to focus on the specific matters that are at issue and also to focus on the specific industry. This is practical scholarship at its best. - John H. Lewis, Jr., former head of the Litigation Section for all offices of the firm of Morgan, Lewis & Bockius, and now Senior Counsel at the Philadelphia firm of Montgomery, McCracken, Walker & Rhoads, LLP. --John H. Lewis, Jr., former head of the Litigation Section for all offices of the firm of Morgan, Lewis & Bockius, and now Senior Counsel at the Philadelphia firm of Montgomery, McCracken, Walker & Rhoads, LLP.
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