Protecting Trade Secrets Before, During, and after Litigation
an insider's guide to identifying and protecting trade secrets for trial lawyers and in-house counsel
Legal and business considerations in identifying the proper defendant(s)
Identifying the trade secrets, internally and during the action
Identifying the nature and type of trade secret misappropriation, addressing the statute of limitations, and action items for the pre-litigation checklist
Identifying additional claims to pursue and preemption, pretrial resolution scenarios and mediation, anticipating fee awards and statutory bad faith
Choosing between jurisdictions and alternative venues: federal versus state courts, jury versus bench trials, arbitrations, and proceedings before the ITC
Protective orders and document preservation orders
TROs, preliminary injunctive relief, and expedited discovery
Special masters, court-appointed neutral experts, and technical advisors
Addressing the elements of reasonable efforts to protect secrecy and independent economic value
Headstart injunctions and other forms of post-judgment equitable relief
The impact of contractual boilerplate provisions on trade secret litigation
The trade secret fitness audit.
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