This course will cover various aspects of trade secret law with an emphasis on practical considerations relevant to the business environment. Students will examine public policy considerations of trade secret law, compare the Uniform Trade Secrets Act (UTSA) to the Restatement Approach and to the Pennsylvania UTSA, and compare trade secret protection with other forms of intellectual property. We will review the elements of a trade secret and compare the types of information and the circumstances under which courts have recognized or denied trade secret protection. The rights of a trade secret owner relative to its employees and third parties will be examined in detail, including use of confidentiality agreements and non-competition agreements. Enforcement of trade secret rights will be surveyed and include civil and criminal proceedings including the Economic Espionage Act (EEA).
Practical issues from the business world are strongly emphasized in this course including drafting and negotiating confidentiality agreements, establishment of business policies and procedures for trade secret protection, practical considerations surrounding the bringing and settling of trade secret cases, and drafting and enforcing non-competition agreements.