Trade Secret Law is the first and only book in the Nutshell series to cover trade secret law in depth. It was written as a companion to Cases and Materials on Trade Secret Law by Rowe and Sandeen (the first casebook on trade secret law), but adds more practical advice. Thus, it is a useful resource for attorneys and law students alike. It could be a supplement to a course on trade secret law or an IP survey course that covers trade secret law, as most now do. Like the casebook, it focuses on the predominate state law governing trade secrets in the U.S.: The Uniform Trade Secrets Act (now applicable in 49 of 50 states), as well as the federal Defend Trade Secrets Act of 2016 (DTSA). This Nutshell addresses both international and criminal enforcement of trade secret rights. The Third Edition has been expanded and includes significant legal, legislative, and administrative developments, as well as recent cases applying and interpreting the DTSA.


Imprint: West Academic Publishing
Series: Nutshells
Publication Date: 11/19/2024
Related Subject(s): Intellectual Prop-Survey

Sharon K. Sandeen, Mitchell Hamline School of Law

Elizabeth A. Rowe, University of Virginia School of Law

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  • Expanded coverage of recent DTSA cases across all chapters
  • Discussion of the new FTC ban on noncompetition agreements
  • Expanded and updated discussion of most topics including:
    • Generally known and readily ascertainable
    • Trade secrets in patent applications
    • Proving secrecy
    • Combination trade secrets
    • Proving reasonable efforts
    • The Computer Fraud and Abuse Act
    • Ownership and standing
    • Pleading misappropriation
    • Trade secret identification and specificity
    • Requests for redacting and sealing
    • Independent development and reverse engineering
    • UTSA preclusion and federal preemption
    • Proving irreparable harm
    • Punitive damages and due process
    • Restrictive covenants including nondisclosure and nonsolicitation agreements
    • Freedom of Information Act’s exemption 4
    • Economic Espionage Act, including fines and restitution

Learn more about this series.