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Trade Secrets, Trade, And Extraterritoriality, Elizabeth A. Rowe, Daniel M. Mahfood
Trade Secrets, Trade, And Extraterritoriality, Elizabeth A. Rowe, Daniel M. Mahfood
Elizabeth A Rowe
When a foreign individual or company misappropriates the trade secrets of an American company, and the acts of misappropriation occur entirely outside of the United States, the trade secret law of the United States generally will not apply. This represents the principle of extraterritoriality, and identifies a major vulnerability for companies that choose to conduct operations or engage in other business abroad. In such situations, the substantive and procedural laws of another country are likely to define whether the allegedly misappropriated information is protected and has been misappropriated. Providing a domestic forum to prosecute extraterritorial infringement would substantially benefit domestic …
Saving Trade Secret Disclosures On The Internet Through Sequential Preservation, Elizabeth A. Rowe
Saving Trade Secret Disclosures On The Internet Through Sequential Preservation, Elizabeth A. Rowe
Elizabeth A Rowe
When an employee discloses an employer's trade secrets to the public over the Internet, does our current trade secret framework appropriately address the consequences of that disclosure? What ought to be the rule that governs whether the trade secret owner has lost not only the protection status for the secret, but also any remedies against use by third parties? Should the ease with which the Internet permits instant and mass disclosure of secrets be taken into consideration in assessing the fairness of a rule that calls for immediate loss of the trade secret upon disclosure? Given that trade secret law …
Striking A Balance: When Should Trade Secret Law Shield Disclosures To The Government?, Elizabeth A. Rowe
Striking A Balance: When Should Trade Secret Law Shield Disclosures To The Government?, Elizabeth A. Rowe
Elizabeth A Rowe
Earlier this year, Toyota issued recalls on over eight million vehicles because of faulty acceleration. Assume that the National Highway Traffic Safety Administration (NHTSA) requests that Toyota allow the government access to the data in black boxes on the recalled cars. The black boxes are operated by proprietary software and can only be accessed with special codes by Toyota. Assume further that Toyota refuses to provide the Black Box data to the government, claiming that it would reveal its trade secrets. How should courts approach what I coin these refusal-to-submit cases? There is a void in the literature and the …
Contributory Negligence, Technology, And Trade Secrets, Elizabeth A. Rowe
Contributory Negligence, Technology, And Trade Secrets, Elizabeth A. Rowe
Elizabeth A Rowe
In tort law, the doctrine of contributory negligence captures conduct by the plaintiff which falls below the standard to which he should conform for his own protection. Whether one has been contributorily negligent is determined by an objective standard of reasonableness under the circumstances. This Article, for the first time, applies these contributory negligence principles to trade secret law. It draws upon this doctrine to frame and analyze a problem posed by modern technology. The very technological tools in use today that increase the efficiency with which companies do business create challenges for trade secret protection. They make trade secrets …
Who Are These People? New Generation Employees And Trade Secrets, Elizabeth A. Rowe
Who Are These People? New Generation Employees And Trade Secrets, Elizabeth A. Rowe
Elizabeth A Rowe
Traditional approaches to examining the efficacy of trade secret protection in the workplace are often focused on technological and process based measures. Indeed, much attention has focused on the use of technology, by itself, to stem trade secret misappropriation. This Article offers a novel approach to the problem by incorporating contextual factors that might be important to trade secret protection and focuses on the people. It also, for the first time, applies sociological theories about employee theft to trade secret misappropriation. Working from the outside in, the Article examines first the reported societal effects on the values of those workers …
Rethinking "Reasonable Efforts" To Protect Trade Secrets In A Digital World, Elizabeth Rowe
Rethinking "Reasonable Efforts" To Protect Trade Secrets In A Digital World, Elizabeth Rowe
Elizabeth A Rowe
The very technological tools in use today that increase the efficiency with which companies do business create challenges for trade secret protection. They make trade secrets easier to store, easier to access, easier to disseminate, and more portable, thus increasing the risks that trade secrets will be destroyed. While secrecy is the sine qua non of trade secret protection, it can be difficult to accomplish. There is a tension between the need to keep information secret and modern technological methods that allow the information to be easily accessed, reproduced, and disseminated. In trade secret misappropriation cases, courts evaluate the sufficiency …
Introducing A Take-Down For Trade Secrets On The Internet, Elizabeth A. Rowe
Introducing A Take-Down For Trade Secrets On The Internet, Elizabeth A. Rowe
Elizabeth A Rowe
When a trade secret owner discovers its trade secrets have been posted on the Internet, there is currently no legislative mechanism by which the owner can request that the information be taken down. The only remedy to effectuate removal of the material is to obtain a court order, usually through a temporary restraining order or a preliminary injunction. In an earlier article I explored and analyzed the tremendous danger to trade secrets that have been posted on the Internet. Indeed, the trade secret status is most often lost forever. Accordingly, upon discovering a posting of secret information, trade secret owners …