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David S. Almeling

Intellectual Property Law

Publication Year

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How A Changing Nation Is Fueling The Rise Of Trade Secret Litigation, David S. Almeling Nov 2010

How A Changing Nation Is Fueling The Rise Of Trade Secret Litigation, David S. Almeling

David S. Almeling

Reports of pilfered trade secrets have grown increasingly common, and as recent studies demonstrate, trade secret litigation is on the rise. A 2010 study of the federal courts shows that trade secret litigation has grown exponentially while litigation in general has decreased. And a 2011 study of state courts shows that trade secret litigation is increasing at a faster rate than the rate of litigation in general. This essay asks: Why? Why is trade secret litigation more prevalent than ever? This essay posits — for the first time — explanations for the fact that trade secrets are increasingly important to …


A Statistical Analysis Of Trade Secret Litigation In Federal Courts, David S. Almeling, Darin W. Snyder, Michael Sapoznikow, Whitney E. Mccollum, Jill Weader Mar 2010

A Statistical Analysis Of Trade Secret Litigation In Federal Courts, David S. Almeling, Darin W. Snyder, Michael Sapoznikow, Whitney E. Mccollum, Jill Weader

David S. Almeling

This Article presents, for the first time, a comprehensive statistical analysis of trade secret litigation in federal courts.


A Statistical Analysis Of Trade Secret Litigation In State Courts, David S. Almeling, Darin W. Snyder, Michael Sapoznikow, Whitney E. Mccollum, Jill Weader Jan 2010

A Statistical Analysis Of Trade Secret Litigation In State Courts, David S. Almeling, Darin W. Snyder, Michael Sapoznikow, Whitney E. Mccollum, Jill Weader

David S. Almeling

No abstract provided.


Four Reasons To Enact A Federal Trade Secrets Act, David S. Almeling Jan 2009

Four Reasons To Enact A Federal Trade Secrets Act, David S. Almeling

David S. Almeling

Trade secrets stand alone as the only major type of intellectual property governed primarily by state law. Patents, trademarks, and copyrights are all governed primarily by federal statutes. Trade secrets, in contrast, are governed by fifty state statutes and common laws. The result is that trade secret law differs from state to state. Almeling argues it is time to eliminate these differences—and the significant problems they cause—by enacting a Federal Trade Secrets Act. In particular, Almeling argues that enacting a FTSA achieves four aims: (1) solving the interstate conflicts caused by having fifty different trade secret laws; (2) making the …