Trade Secrets (LAW-779-001)
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This course considers the law and theory of the most ubiquitous form of intellectual property protection—trade secrets. Trade secrecy can protect a much wider range of information than other forms of intellectual property (including formulas, recipes, and customer lists). In addition to their prevalence in business, trade secrets have also been on the government’s mind; in 2016 Congress passed the Defend Trade Secrets Act, which, among other things, allowed for federal causes of action in trade secret disputes. This course will cover trade secret protection and the related tort of misappropriation in the employment context, because it is within the employment context that trade secret litigation increasingly arises. Thus, the course will examine issues such as non-competition agreements, confidentiality, and the inevitable disclosure doctrine. Additionally, we will be discussing the increasing importance of trade secrecy for international actors.
Textbooks and Other Materials
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There is no assigned casebook for this class. Instead, I have provided the relevant portion of the “book” on the class canvas page.
First Class Readings
First class readings
• Casebook 1-12
• Casebook 244-45 (Section 1 and accompanying comments)
• Casebook 253-54 (comment b only)
• Casebook 255 ((b)(1) only)
• Canvas: Waymo v. UBER complaint: 2-5, (skim 5-16), 16-21
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