About the Authors; Acknowledgments; Disclaimers; Introduction; 1. The Trade Secrets of Boutique Hotels; 2. Should You Be Reading This Book?; 3. The Scandalous Structure of This Book; Part I: The Basics; Chapter 1; Trade Secrets - The Basics; 1. Apache Helicopter Airstrikes and Lady Gaga; 2. An Introduction to Trade Secrets; 3. Trade Secrets - Definition and Four Famous Examples; i. Information; ii. Secrecy; iii. Value; iv. Reasonable Efforts; 4. Trade Secret Theft: Defining "Misappropriation"; 5. Remedies for Trade Secret Misappropriation; i. Nonmonetary Relief; ii. Monetary Relief; 6. Criminal Trade Secret Law; 7. Trade Secrets vs. Patents: When Trade Secrets Are the Best Strategy, and When They're Not; 8. Summarizing Trade Secret Law; Chapter 2; Trade Secrets in Context: Why Trade Secrets Are Increasingly Important To Businesses, Employees, and the Economy; 1. The Customer List in the Age of Google, LinkedIn, and Facebook; 2. The Evolving Technologies, Social Norms, Politics, Economics, and Dozens of Other Factors that Shape the Use and Misuse of Trade Secrets; 3. Trade Secrets Were Slow to Develop, Quick to Proliferate; 4. New Technology; 5. Employee Mobility and Attitudes; 6. Increasing Value; 7. The Flexible (and Expanding) Scope of Trade Secret Law; 8. The Future of Trade Secrets; Part II: Four Keys To a Successful Trade Secret Strategy; Chapter 3; Key No. 1: How to Recruit, Hire, Retain, and Terminate Employees; 1. Mr. Chang's $200 Million "Resignation"; 2. Employees Are the Primary Source of Trade Secret Misappropriation; 3. How to Recruit and Hire Employees; a. Vet Applicants with an Eye Toward Trade Secret Protection; b. Agreements with Incoming Employees; c. Hiring from Competitors; 4. How to Train Employees; 5. How to Terminate Employees; 6. An Argument Against Doing Nothing; 7. How to Avoid a $200 Million Resignation; Chapter 4; Key No. 2: Information Security; 1. Founder of Alpha Mining Systems: "I was like a husband whose wife was getting it on the side."; 2. The Right and Wrong Lessons from the Sordid Tale of Alpha's Plundering; 3. One Size Does Not Fit All; 4. Basic Protections for All Information; a. Limit Access to Information to Only Those Who Need It; b. Place Legends on Documents; c. Implement an Information Tracking System; d. Dispose of Information Properly; e. Limit What Information Leaves the Company; f. Encourage Reporting of Violations and Investigate and Punish Violations; 5. Basic Protections for Electronic Information; 6. Non-Memorialized Data; 7. Rules for Receiving Trade Secrets from Outsiders; 8. Government Liaisons; 9. Information Security Should Not Be Static; Chapter 5; Key No. 3: Physical Security; 1. A Business Feud Turns Toxic; 2. The Non-Digital World of Break-Ins and Dumpster Diving; 3. Securing Physical Confidential Information and the Facilities that House Such Information; 4. Be Wary of Visitors; 5. A Closing Note About Employee Resistance; Chapter 6; Key No. 4: Agreements to Protect Trade Secrets; 1. Dampening the Aloha Spirit; 2. The Importance of Written Agreements; 3. Confidentiality and Invention Assignment Agreements with Employees; 4. Confidentiality Agreements with Outsiders; 5. Parties That Refuse to Sign Confidentiality Agreements; 6. Noncompetition and Nonsolicitation Agreements; 7. Confidentiality Agreements Protect Against Most Threats; PART III: Trade Secrets in Practice; Chapter 7; Investigating Suspected Trade Secrets Theft; 1. Informix to Oracle's Employees: "Caution: Dinosaur Crossing"; 2. Avoiding Informix's Fate; 3. Act Immediately in Response to Suspected Trade Secret Misappropriation; 4. Attorneys Should Direct the Investigation; 5. Conducting a Trade Secret Investigation; a. Gathering Information; b. Interviews; c. Monitoring; 6. The Investigation Is Over. Now What?; a. Do Nothing; b. Fix the Leak; c. Talk to the Alleged Misappropriator; d. Send Letters; e. Alternative Dispute Resolution; f. File a Civil Lawsuit; g. Notifying Law Enforcement Officials; 7. Look First, Leap Second; Chapter 8; Knowing What You've Got and Whether You're Doing Enough to Protect It:; A Trade Secret Audit; 1. An "Information Addict " Misappropriates $400 Million in DuPont's Trade Secrets; 2. A Trade Secret Audit Defined; 3. To Audit, or Not to Audit?; 4. The Audit Team; 5. The Content of a Trade Secret Audit: Identifying the Company's Trade Secrets, Their Location, Their Value, and What Is Being Done to Protect Them; 6. The Audit Report; 7. Acting on the Audit Report; 8. Audit, Report, Then Repeat (a Few Years Later); Chapter 9; Trade Secret Litigation: Working with Counsel; Notes; Table of Cases; Index
