Though this book was published in May 2020, it is as if the authors predicted the technological changes the COVID-19 pandemic would bring. The book highlights the predatory nature of data breaches in the new digital world and how to ensure trade secrets do not fall prey.
So how does a business safeguard trade secrets when the physical safety of an office and access to its fortifications are stripped away? Whether working from home, working on a hybrid schedule, or shifting back to traditional full-time work in the office, Chapter 3 is a gold mine of information for protecting trade secrets during a pandemic. Sections IV and V of the chapter directly address physical safety measures and high-tech protection of information.
Chapter 4 takes the baton from Chapter 3 and delves further into how trade secrets can be regulated and protected via use of noncompete agreements with employees. Section I of the chapter focuses on six state jurisdictions with “significant commercial, research, and technology hubs.” The chapter’s exceptionally meticulous and comprehensive analysis of noncompete agreements in California, Florida, Illinois, Massachusetts, New York, and Texas highlights how they have taken “divergent approaches” toward using noncompete agreements to defend trade secrets.
The preceding chapters and the ones that follow likewise provide copious amounts of practice tips, case law, and statutes to bolster the reader’s ability to understand, protect, and litigate trade secret law. From a litigator’s standpoint, the well-intertwined use of the law woven throughout the book is critical in cutting down time spent in research and allows for more energy to be spent in analysis of matters. The 11 appendices at the conclusion of the book include everything from the Defend Trade Secrets Act, to model nondisclosure agreements, to sample company use of technology policies, to various Restatements, and more.
If one’s business wants to implement or update policies to better adapt to the emergent changes in the workplace and the digital world, the Guide to Protecting and Litigating Trade Secrets is invaluable. Whether one is a business owner, assists in operating a company, or provides legal counsel to the same, this book should remain in plain view.