Research Guides: Intellectual Property Law: Trade Secrets

Statutory Framework

Trade Secret law was once largely the purview of state law until the Defend Trade Secrets Act was enacted in 2016. California is among those states that have adopted the Uniform Trade Secrets Act. It is found in Cal. Civil Code § 3426.

Major Treatises

Milgrim on Trade Secrets (Lexis)
ISBN: 9780820517384

Milgrim on Trade Secrets is a treatise, available via Lexis, that covers the substantive issues of trade secret practice.
Trade Secret Practice in California (CEB)
Trade secret law is a combination of state and federal law, so you will need to be informed about California-specific authorities. This loose-leaf treatise covers the substantive topics of California state trade secret practice. It is published by CEB, a publisher owned by the University of California. Once logged in, you can navigate to this title by clicking on "Business Law" under "Available Publications".

Practice Materials

Westlaw Practical Law - Trade Secret Valuation
A Practice Note discussing important issues for counsel to consider when evaluating and determining the value of a client's trade secrets. This Note provides important legal, financial, and tax reasons for determining the value of trade secrets and discusses various legal and economic frameworks for determining trade secret value.
Westlaw Practical Law - Trade Secret Litigation
A Practice Note discussing trade secrets litigation for employers whose employees or former employees have misappropriated trade secrets. This Note describes pre-litigation investigations, sending cease and desist letters, and contacting law enforcement. It also addresses filing a legal action, including forum selection and choice of law issues, deciding whether to include the employee's new employer and third parties, common causes of action (including misappropriation under the Defend Trade Secrets Act (DTSA)), discovery, injunctive relief, damages, and attorneys' fees. It includes best practices for preparing to counter potential defenses and counterclaims and maintaining confidentiality during litigation.