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The Law of Trade Secret Litigation Under the Uniform Trade Secrets Act, Second Edition


Praise for the First Edition of The Law of Trade Secret Litigation Under the Uniform Trade Secrets Act By J. Patrick Huston

"I recently discovered one most impressive publication on trade secrets law entitled The Law of Trade Secret Litigation Under the Uniform Trade Secrets Act by J. Patrick Huston. The academic effort to compile this 4194-page treatise far surpasses research and resources on UTSA law and case law developments. But it is much more than a treatise or a collection of trade secret cases. It is a trade secret litigator’s guide to case law and analysis on the three overriding substantive issues in trade secret litigation: (1) is the information at issue a trade secret under the UTSA; (2) did the defendant’s conduct constitute misappropriation under the UTSA, and (3) what are the appropriate remedies for misappropriation under the UTSA.

This will be a go-to resource for developing federal law under the new Defend Trade Secrets Act which became effective on May 11, 2016 because the DTSA builds upon the UTSA. Trade secret litigators and Judges can now readily access and cite leading UTSA cases in emergency trade secret lawsuits by immediate reference to earlier analogous trade secret decisions readily accessible (organized by both state and type of trade secret). As a trade secret litigator and a professor teaching trade secret law for the past 23 years, I highly recommend the purchase of this phenomenal publication on trade secrets law."

R. Mark Halligan | FisherBroyles - Co-author of the Defend Trade Secrets Act of 2016 Handbook

"I had the pleasure of reviewing J. Patrick Huston's publication The Law of Trade Secret Litigation Under the Uniform Trade Secrets Act. This is the most comprehensive work I have seen synthesizing the UTSA law across the nation. As a trade secret litigator with over twenty-five years of experience in this area of the law, I had keen interest in reviewing this UTSA guide and in seeing its approach, scope and breadth. Mr. Huston tackled three central legal issues: what constitutes a protectable trade secret, what qualifies as misappropriation, and what remedies have courts found appropriate in UTSA cases. Mr. Huston achieved his goals, as his treatise provides a very organized summary of over 630 trade secret cases, and the treatise conveniently divides the cases by industry, subject matter and result. This publication is a valuable resource for any trade secret practitioner to locate case law and to learn how state and federal courts across the nation have ruled on these issues."

Randall E. Kay |  Jones Day - Co-editor/author of Trade Secret Litigation and Protection in California

"The Law of Trade Secret Litigation Under the Uniform Trade Secrets Act sets a very high standard for all future legal texts. After 6 years and 4000 pages, Patrick Huston has created a superb resource for both those dealing with the trade secret issue for the first time and those with substantial experience. As to the first category, I have been a trial lawyer for many years, but I have never tried a trade secrets case. I can say with complete confidence that I would rely on this book to give me the understanding of the law necessary to try the case. The detailed Table of Contents gives me a complete summary of the law, and the book begins with an overview so I am not lost in minutiae. For those with experience, the same Table of Contents allows the reader to focus on the specific matters that are at issue and also to focus on the specific industry. This is practical scholarship at its best."

John H. Lewis, Jr. | Montgomery, McCracken, Walker & Rhoads, LLP

"After almost 40 years in practice I have come to expect certain characteristics from every legal treatise I pick up. They will be difficult to understand if the reader does not already have significant expertise in the field. There will be no apparent sense to how they are organized. And, to find citations to authority which is factually on point to the case for which I am conducting the research, requires me to wade through scores of fine-print footnotes—assuming I find factually applicable authority at all. After working with The Law of Trade Secrets Litigation Under the Uniform Trade Secret Act by J. Patrick Huston, my reaction was: ‘Why hasn’t every legal treatise been written and organized like this?’

“I expected The Law of Trade Secret Litigation under the Uniform Trade Secrets Act, consisting of more than 4,000 pages written by a leading authority on the topic, to be a thorough and complete discussion of the law. I was not disappointed. What surprised and impressed me most, however, was how “user friendly” the treatise was. Mr. Huston writes like the best appellate lawyers, clearly, with simple but descriptive language, which is easy to read and understand. The text is organized flawlessly. I found a review of the table of contents itself to be like a refresher course on Trade Secret litigation. Each element of a Trade Secret claim and all applicable remedies are identified clearly, summarized, then discussed in detail.

Following the detailed analysis of each issue, Mr. Huston has provided synopses of Uniform Trade Secrets Act cases relevant to that issue. What makes this text different than any others of which I am aware, is (1) the case summaries provide sufficient information regarding the factual background of the case and the legal issues which were addressed by the court from which the reader can determine, without the need to read the entire case, if it is on point; and (2) the cases are organized based upon the underlying facts, which makes finding cases ‘factually on point’ a breeze. For example, cases regarding customer lists are together, as are cases which deal with more discrete issues, like frozen food and oil refining chemicals.

Those who have handled litigation under the Uniform Trade Secrets Act are well aware of the many traps for the unwary—some of which are not apparent and can be devastating. Those who are venturing into the area for the first time should be forewarned—you can’t wing it. Fortunately, neither the veteran of UTSA litigation, nor the novice, needs to be armed with anything more than The Law of Trade Secret Litigation Under the Uniform Trade Secrets Act in order to navigate this unique and challenging area of the law like a pro.”

Mark Mazzarella | Mazzarella & Mazzarella - Past Chair of the Litigation Section of the California State Bar; Past President of the Association of Business Trial Lawyers – San Diego

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