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SEC Proposes FOIA, Privacy Act Rule Changes
Cadwalader, Wickersham & Taft LLP
The Securities and Exchange Commission ("SEC") recently proposed amendments to its rules governing compliance with .
Congressional Hearings on Japan
Paul, Hastings, Janofsky & Walker LLP
Senate Finance Committee The Senate Committee on Finance conducted a hearing on July 14 on .
Do You Know Your Intellectual Property?
James C. Scott of Arter & Hadden LLP
Looks at the competitive advantage companies can attain by managing thier intellectual property.
FAQ: Trade Agreements/Preferential Duty Programs
Gatti & Associates
What is Fast Track Authority? What is a Regional Trade Agreement (RTA)? What forms of economic integration are .
China Has Joined The WTO. Are You Prepared?
Min S. Xu and Jon F. Tuttle of Dorsey & Whitney LLP
As a business person in this global economy, you are faced with many difficult decisions. In addition to traditional business decisions related to allocation of labor and other resources, the investment of monies, and development of opportunities to expand business for the future, you are faced with a business decision relating to accessing the largest market in the worldÃÂChina.
Seventeen Steps You Should Take To Protect Your Company's Trade Secrets
Seymour J. Mansfield of Mansfield, Tanick and Cohen, P.A.
Companies in today's high-tech society are increasingly concerned about protecting their "trade secrets."
California Court Rejects "Inevitable Disclosure Doctrine" But Acknowledges Availability of Injunctive Relief for the Almost Indistinguishable "Threatened" Disclosure of Trade Secrets
Tyler M. Paetkau of Bingham McCutchen LLP
The so-called "inevitable disclosure doctrine" assumes that if an employee has knowledge of trade secrets, and accepts a similar job with a direct competitor in a highly competitive industry, he or she will "inevitably" disclose the trade secrets in the course of performing his or her new employment duties.
Michigan Adopts The Uniform Trade Secrets Act
Bodman LLP
The Michigan legislature adopted the "Uniform Trade Secrets Act" ("the Act") to prohibit the misappropriation or im.
Patent Law You Can Use, Part 1
Howard Morton Eisenberg of Chernoff, Vilhauer, McClung & Stenzel, LLP
AbstractÃÂThe four types of intellectual property: copyrights, trademarks, patents, and trade secrets, protect .
Patent Law You Can Use, Part 2
Chernoff, Vilhauer, McClung & Stenzel, LLP
Using a trade secret may eliminate any possibility of ever being able to patent an invention.
Patent Law You Can Use, Part 3
Howard Morton Eisenberg of Chernoff, Vilhauer, McClung & Stenzel, LLP
AbstractÂTension frequently exists between the options of keeping an invention a trade secret or filing a patent .
U.S. Sets Preliminary Plan for Addressing Concerns over Japanese Steel Imports
Paul, Hastings, Janofsky & Walker LLP
Under heavy domestic pressure, the Clinton Administration last week issued a Congressionally mandated "St.
House International Relations Committee Considers Resolution on Japan-U.S. Relations
Paul, Hastings, Janofsky & Walker LLP
Late last month, the House International Relations Committee considered and passed with minor modifications Co.
Ten Strategies for Trade Secret Protection
John W. Burke, III 1 and Mary Dalton 2 of McGuireWoods LLP
This article provides a definition of what a trade secret is and explains various strategies for implementing a trade secret protection plan.
It's Monday Morning. Do You Know Where Your Trade Secrets Are?
Scott D. Marrs and John W. Lynd of Beirne, Maynard & Parsons, L.L.P.
The information age has made it even more important for businesses to protect their confidential data from misappropriation by competitors, former employees, or others who want to benefit from a company’s most valuable asset, its intellectual capital. Many companies do not realize that a wide array of business information may, in fact, be protected under trade secret law.
DOOCES WILD: How Employers Can Survive the New Technological Poker Game of Employee Blogging
Christopher E. Cobey and Philip L. Gordon of Littler Mendelson, P.C.
Welcome to the employers' latest cyber-challenge to management of their work forces – employee "blogging".
Protect and Capitalize on All of Your Property -- Especially the Stuff You Can't Touch
Robert J. Lambrechts of Lathrop Gage
In today's business environment the field of intellectual property (IP) is booming. Businesses must guarantee their rights of intellectual property to protect their inventions, patents, trademarks, copyrights and trade secrets. Understanding what IP is all about will help protect your company's IP rights and avoid unforeseen costly claims.
Japan--U.S. Trade ReportFAX
Paul, Hastings, Janofsky & Walker LLP
Topics in this issue of the JapanÃÂUS Trade ReportFAX: foreign reaction to reinstitution of "Super 301"; Congress still pressing administration on steel; US proposes forum on bilateral disputes and deregulation.
Keeping Your Trade Secrets Off the Internet: A Practical Perspective
Victoria A. Cundiff 1 of Paul, Hastings, Janofsky & Walker LLP
The tension between the Internet and trade secrets is clear. The Internet can destroy trade secrets by exposing them to millions of viewers. Here are some practical tips on how to prevent release of secrets on the Internet.
Using Non-Disclosure Agreements to Protect against Trade Secret Theft
David Eugene Dubberly of Duff, White & Turner, LLC
Employers must take proactive steps to make sure that their trade secrets are protected to the fullest extent perm.
President Signs New Espionage Law
Dykema Gossett PLLC
Recently, it has been estimated that economic espionage crimes cost American businesses approximately $24 billion a.
Seven Deadly IP Sins in Employee Hiring
Peter P. Chen of Wilson Sonsini Goodrich & Rosati
In general, it is perfectly legitimate to recruit and hire competitors' employees. Doing so, however, can lead to litigation by competitors, unless one can avoid the seven deadly intellectual property sins of employee recruiting.
Vitamin Price Fixing Investigation Expanded
Lynanne B. Wescott of Saul Ewing LLP
Last week it was disclosed that small vitamin producers may face charges in an expanding federal price-fixing inves.
Labor &amp Employment Update-February 2000
Brobeck Phleger & Harrison LLP
This article discusses retaliation, stock option and trade secret issues relating to labor and employment law.
Protection of Trade Secrets a Comparison: the Economic Espionage Act of 1996 and the Uniform Trade Secrets Act

One of your employees left with what you consider to be a vital trade secret. That information is now in the hands of your competitor and the employee is now employed by them. You search your company's documents and find you have no employment, nondisclosure or noncompetition agreement with the ex-employee and no written policies protecting your information. What legal remedies do you have then to protect your trade secrets?
Digging Up the Dirt--The Importance of Due Diligence when Buying a Business
Richard N. Drake of Womble Carlyle Sandridge & Rice, PLLC
(Published in the September 11, 1998 issue of "Triad Business News." Used by permission.) In our previous article.
Web Site Story 6--Breakaway Employees Beware
David Rabinowitz of Moses & Singer LLP
The Internet, while a new medium, is subject to the same laws as older businesses. This means that employ.
Trademark Identity Litigation
Craig S. Fochler of Wildman, Harrold, Allen & Dixon LLP
Craig Fochler, Chairman of the Intellectual Property Practice of Wildman, Harold, Allen & Dixon LLP, presented a discussion on the complex, multi-faceted process of trademark identity litigation. At the outset of the panel, he posed the broad question, "How does one succeed in litigation?" According to Mr. Fochler, the answer is very simple: preparation and attention to detail.
The Top 10 Ways to Protect Your Ideas and Your Business
Judith A. Silver of Coollawyer.com
Ways to protect your ideas and your business.
What is Intellectual Property?: Trade Secret Law
Judith A. Silver of Coollawyer.com
What rights do you have under trade secret law?
Protecting & Commercializing Your Intellectual Property Assets
Cooley Godward Kronish LLP
This article provides a brief overview of the issues surrounding the protection and promulgation of intellectual property assets.
How Your Company can Survive a Lawsuit
Marguerite S. Walsh of Buchanan Ingersoll & Rooney PC
Is your company equipped to survive the stresses of a lawsuit and come out not just intact, but stronger? This.
Can You Keep a Secret?
Julie Bernard 1 of Faegre & Benson LLP
This article describes how a company can loose it's trade secrets if those secrets are not properly protected. The article then outlines the formal steps a company should take in protecting it's trade secrets.
The Most Overlooked Component of Data Security: Your Employees
Christine E. Lyon and Miriam Hauser Wugmeister of Morrison & Foerster LLP
Data security practices in the private sector are under growing scrutiny by the Federal Trade Commission, state attorneys general, and other state and federal regulatory agencies, as evidenced by the fines imposed on companies such as Tower Records, Barnesandnoble.com, Microsoft, and Victoria's Secret. According to a recent survey by PricewaterhouseCoopers, nearly half of the fastest growing companies in the United States have suffered a breach of data security in the past couple of years.
Intellectual Property: What it is and how to protect it
Joseph W. Milam, Jr. 1
Intellectual property, including patents, trademarks, service marks, trade names, copyrights and trade secrets, can be an important and commercially valuable asset. Maximum protection for your intellectual property can be obtained through registration where appropriate, by negotiating and drafting protective provisions in employment and commercial contracts, or by policing your intellectual property rights through the courts.
The World Trade Organization and United States Trade Policy

Publication from the United States Department of State regarding the World Trade Organization and United States trade policy.
Confidential Settlements Should Be Banned in California
Richard Alexander of Alexander Hawes LLP
This article argues against the implementation of confidentiality agreements in cases where full disclosure would provide a public service.
The Inevitable Disclosure Doctrine - A Necessary And Precise Tool For Trade Secret Law
Cameron G. Shilling of McLane, Graf, Raulerson & Middleton Professional Association
We live in an age of technological revolution. The personal computer has fundamentally altered our business and personal lives, and the Internet has reinvented the way we communicate, transact commerce and obtain information. Unprecedented employee mobility and fierce competition in the marketplace have become the norm, resulting in monumental advancements in technology in relatively short periods of time.
High-Tech M&A: The Preparation Stage
George S. Takach 0 of Lexpert
So you want to buy a high-tech company. You are not alone. Not a day goes by without the announcement of another blockbuster M&A deal in the technology sector. With exuberant valuations provided by stock markets for high-tech stocks, these private currencies are being used to acquire product lines-or sometimes just nascent R&D-at a dizzying pace. Welcome to the hyper-kinetic world of high-tech mergers and acquisitions.
Enforceability of Non-Disclosure Agreements Covering Information That Is Not a Trade Secret
Jorge L. Contreras,Barry J. Hurewitz,Barry J. Hurewitz,Barry J. Hurewitz and Barry J. Hurewitz of Wilmer Cutler Pickering Hale and Dorr LLP
Non-disclosure agreements are the first line of defense for a licensor of intellectual property. A recent decision in the Seventh Circuit, IDX Systems Corporation v. Epic Systems Corporation, University of Wisconsin Medical Foundation, Mitchell Quade and Michael Rosencrance, 285 F.3d 581 (April 1, 2002) reaffirmed the enforceability of such agreements after a lower court attempted to limit their scope by drawing analogies to employee non-competition agreements.
Put Some Bite In Your InformationTechnology Protection, or It Can BiteYou Back
William J. Cook of Wildman, Harrold, Allen & Dixon LLP
Failure to implement adequate information protection not only exposes your business to the risk of unwanted network intruders; it also exposes you to the risk that courts will make your business decisions for you. In the absence of a national security standard, courts have been willing to step in and make decisions for businesses who have delayed in establishing aggressive security measures, and they have done so based on several theories: privacy of personal information; protection of trade secret information; and concern about the impact of hostile technology on the U.S. economyÃÂs critical infrastructure.
The Internet Applications of the Inevitable Disclosure Doctrine
Ian C. Ballon of Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
This article discusses the inevitable disclosure doctrine, which may provide authority under state trade secret law for restraining a former employee from assuming responsibilities for a competitor comparable to those which she previously held, where the nature of her new position is such that, regardless of her intent, she would inevitably (or even inadvertently) use, rely upon or disclose trade secrets belonging to her former employer, in performing her new duties.
PYA: Protect Your Assets
Nicholas C. York of Arter & Hadden LLP
This article reviews the various ways a company can protect it's assets through non-competition agreements, trademark registration, patent and copyright protection.
Protecting Trade Secrets
Carolyn Wilson Evans of Gessner, Snee, Mahoney & Lutche, P.A.
Companies concerned about protecting their trade secrets have two vehicles at their disposal.
The Cutting Edge of Trade Secrets--How Far Should the Law Go To Prevent Misappropriation by Memory and Inevitable Disclosure

We live in an age of technological revolution. The personal computer has fundamentally altered our business and personal lives, and the Internet has reinvented the way we communicate, transact commerce and obtain information. Unprecedented employee mobility and fierce competition in the marketplace have become the norm, resulting in monumental advancements in technology in relatively short periods of time.
The Cutting Edge of Trade Secret Law
Wilbur A. Glahn and Cameron G. Shilling
This article discusses two cutting edge issues in this context. (1) Whether a former employee can be stopped from using trade secrets retained in memory-”misappropriation by memory.” (2) Whether a former employee can be prevented from working in a job that would result in the inevitable use of trade secrets-”inevitable disclosure.”
Protect Your Assets -- Now, Not Later
Ronald E. Manka of Lathrop Gage
Perhaps the most valuable business asset today is a company's intellectual property (IP), which includes patents, copyrights, trademarks and trade secrets. It is essential that you quickly take steps to obtain IP rights for the following reasons.
Know the Value of Intellectual Property Audits
Buchanan Ingersoll & Rooney PC
The value of a technology company is often determined by the strength of its intellectual property - patents, copy.
Federal Protection of Trade Secrets: Understanding the Economic Espionage Act of 1996
Arthur J. Schwab of Buchanan Ingersoll & Rooney PC
The Economic Espionage Act of 1996 ("EEA"), 18 U.S.C. ?? 1831-1839, has gained considerable media attention since i.
Post-Employment Considerations: How to Prevent the Loss of Trade Secrets and Customers
Karen Shichman Crawford of Buchanan Ingersoll & Rooney PC
INTRODUCTION Importance of Post-Employment Procedures Post-employment considerations are an important compone.
Identifying, Protecting and Leveraging Intellectual Property Assets
Michael A. Walker of Buchanan Ingersoll & Rooney PC
Federal and state utility regulatory agencies are placing increased focus on affiliated transactions involving gas .
Security Interests in Intellectual Property
Jonathan B. Wilson of Paul, Hastings, Janofsky & Walker LLP
Lenders and investors are increasingly underwriting loans and investments on the basis of "intellec.
An Introduction to California Trade Secrets Law
Dylan W. Wiseman of Littler Mendelson, P.C.
According to recent statistics, more than 80 percent of information theft facing businesses in the United States occurs internally. This means that a company's greatest threat to loss of sensitive information comes from within - its own employees.
California Court Adopts Inevitable Disclosure Doctrine, Providing Employers With A Powerful Tool To Prevent Disclosure Of Trade Secrets
Rodi, Pollock, Pettker, Galbraith & Cahill, A Law Corporation
A California court has adopted the inevitable disclosure doctrine which allows an employer to obtain an injunction .
Common Intellectual Property Mistakes of Start-Up Firms
David Hayes of Dorsey & Whitney LLP
The practice of intellectual property law often entails dealing with the consequences of past mistakes that are made at the formation or early stages of a company, when the primary focus is on the company's growth and survival, and resources for legal advice are scarce. At such times, companies often overlook or are unaware of intellectual property issues that can give rise to liability and undermine the protection of their intellectual property.
Section-by-Section Analysis of the 1997 Fast Track Bill
State Department
Analysis of the 1997 Fast Track Bill from the United States Department of State which deals with negotiation of trade agreements by the President.
Protecting Trade Secrets is Important to Your Business: How to Implement a Trade Secrets Program

Businesses of every size derive independent economic value and a competitive advantage from a diverse range of "secrets". A "Trade Secret" is broadly defined, and can include recipes, business plans and designs, as well as the results of reverse engineering of another's product. Even negative information can be protected as a trade secret, because it is often valuable to know what does not work to avoid wasting time and resources pursuing a dead end.
Trade Secret Issues: A Conversation with William J. Bohler of Townsend and Townsend and Crew
FindLaw M V
Findlaw interview with William J. Bohler of Townsend and Townsend and Crew.
Managing Your Intellectual Property
Sean P. Fitzgerald of Ater Wynne LLP
Intellectual Property, or "products of the mind," is generally classified as Patents, Copyrights, Trademarks, or Trade Secrets. Each form of Intellectual Property is subject to its own set of laws and rules on how it is created, protected, maintained, and utilized. While future articles will address each of these in more detail, this article will focus on the need to keep a close watch on the details of your Intellectual Property so that you can protect them and get value from them.
Non-Disclosure Safety Net
Richard T Goodkin
This article reviews the importance of depositing an employee's work with a neutral third party to deter against trade secret infringement.
Using Intellectual Property and Licensing Tools to Protect Your Software
Buchanan Ingersoll & Rooney PC
Software developers and distributors need to be aware of several important forms of protection available for propri.
Ways to Keep Trade Secret Litigation From Becoming Inevitable: In the Wake Of The Inevitable Disclosure Doctrine
Robert A. Weikert of Thelen LLP
This article provides some suggested guidelines for reducing a company's risk of being sued for trade secret infringement.
Protecting Trade Secrets -- Part I (Using Non-Disclosure Agreements)
Duff, White & Turner, LLC
In today's competitive marketplace, employers must take proactive steps to protect their trade secrets fr.
Five Tips For Safely Hiring Employees From The Competition -- And Avoiding A Lawsuit
Marguerite S. Walsh and Paul J. Kennedy of Littler Mendelson, P.C.
Savvy companies are always on the lookout for talented, experienced employees. Usually, the best candidates are already working for a competitor; after all, they know the business and their learning curve is short. Here are five tips worth observing in the hiring process.
Protect Confidential Data from FOIA Scrutiny
Richard P. Rector of DLA Piper LLP (US)
This article summarizes how the Freedom of Information Act works in conjunction with requests from competitors to obtain proposals or contracts from the government.
Turning Trade Secrets into Non-Compete Agreements
David J. Berger of Wilson Sonsini Goodrich & Rosati
This article discusses one of the more controversial issues in trade secret law today: The use of the so-called "inevitable disclosure" theory to prevent a former employee from working for a competitor in his or her area of expertise.
Current Issues in Trade Secret Law: The New U.S. Economic Espionages Act
Pillsbury Winthrop Shaw Pittman LLP
Two important economic factors of the late 20th century (and whose predominance promises to continue into the 21st.
To Compel Arbitration, The Dispute Must Not Only Arise Out of But Also Relate to The Parties' Agreement
Carl G. Love of Pillsbury Winthrop Shaw Pittman LLP
The Ninth Circuit has issued a recent reminder of the care which must be taken in drafting arbitration clauses in .
Patents 101
George S. Takach 0 of Lexpert
On December 5, 2002, the Supreme Court of Canada in a five-four decision held, in Harvard College v. Canada (Commissioner of Patents), that higher life forms (in this case, a transgenic mouse) cannot be patented. This is an important decision, and should be reflected upon even if you are not in biotech/life sciences. Next month I will look closely at this decision, and its potential ramifications.
What is a Trade Secret Entitled to Common Law Protection in New Jersey
Schiffman, Abraham, Kaufman & Ritter, P.C.
In New Jersey the definition of a trade secret provided by our Supreme Court in Sun Dial Corp. v. Rideout, 16 N.J. .
Protecting Inventions as Trade Secrets When Patents Are Inappropriate
Peter J. Toren of Sidley Austin LLP
A number of recent court decisions that have highlighted the availability of patent protection for software and.
Protecting Inventions as Trade Secrets: A Better Way When Patents Are Inappropriate, Unavailable
Peter J. Toren of Sidley Austin LLP
As the Internet economy propels us into a global, post-Industrial commercial reformation, Web-based enterprises.
New Media: An Essential Primer
Steven M. Hoffberg of Moses & Singer LLP
Intellectual property ("IP") law enables the developers of ideas, inventions, designs, artistic and liter.
Opportunity: Vietnam
Michael M Sax of Michael M. Sax
Mr. Sax sets forth tips for those considering taking advantage of the rapidly expanding opportunities in Vietnam.
Safeguarding Trade Secrets in the Information Age (with Sample Communications Policy)
Sheryl J. Willert of Williams Kastner
In the age of instantaneous communication, it is getting harder and harder to keep anything a secret. Every company needs to safeguard its trade secrets and its business equipment as well. The only way to do this is through specific policies which address use and monitoring of business equipment and maintenance of company trade secrets.
Trade Secret Developments in California
Jeannine Yoo Sano of Brobeck Phleger & Harrison LLP
In this article, the author discusses the background of trade secret law. Additionally, the author reviews the doctrine of inevitable disclosure and discusses the two decisions that offer conflicting viewpoints of this doctrine.
Obtaining Confidential Treatment for Information Furnished to the SEC
Wayne H. Shortridge of Paul, Hastings, Janofsky & Walker LLP
All companies, especially those engaged in the biotech and electronic high tech businesses, have sensiti.
Protecting Intellectual Property

Years ago, the most important assets of a business were often limited to land, buildings, machinery and equipment, and although manpower was important, it was also fungible.
The Last Roundup Connolly Bove Wins Final Trial in Widely Watched Herbicide IP Case
Connolly Bove Lodge & Hutz, LLP
Capping a string of trial victories involving one the world's largest life sciences group, lawyers at .
Confidential Trade Secret -- Click Here to Download
Faegre & Benson LLP
This article summarizes trade secret law and reviews how to restore a trade secret legally after it?s been published on the Internet.
How To Keep a Secret: Protecting Employers' Trade Secrets

The economic turndown of the early 21st century, coupled with technological advances that have made it easier to download massive amounts of information in minutes, has resulted in increased litigation by employers against employees who steal their employers' trade secrets or confidential and proprietary information and seek to use this information for the benefit of their new employers or themselves. With the transitory workforce of today, when employees remain in one place for an average of between 3 and 4 years, it is even more important than ever for companies to identify and take steps to protect their trade secrets and other proprietary information from misappropriation and disclosure.
Criminalizing Trade Secret Theft: The Economic Espionage Act of 1996
Cooley Godward Kronish LLP
This report discusses the federal Economic Espionage Act of 1996. The EEA imposes criminal liability and corresponding fines and/or prison sentences on persons or entities who violate the EEA.

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