Trade Secrets Law

Catalog description

The focus of this course will be on understanding the nature and impact of trade secrets law in the US on domestic and global business practices. The course will examine: (a) the theory behind trade secret protection; (b) comparisons with approaches to the protection of valuable commercial information in other jurisdictions; (c) the definition of a “trade secret” in the US; (d) elements of the misappropriation of trade secrets tort at the state level; (e) the Economic Espionage Act of 1996 and the Defend Trade Secrets Act of 2016 at the federal level; (f) scope of civil and criminal liability for trade secret misappropriation; (g) duties of confidentiality in relation to trade secrecy; (h) loss of status of a trade secret; (i) trade secrets as a(n) (intellectual) property right; (j) defenses to trade secret actions; (k) remedies for misappropriation of a trade secret. Hybrid Juris Doctor students cannot take this course for an S/U grade.