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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 …
A Sociological Approach To Misappropriation, Elizabeth A. Rowe
A Sociological Approach To Misappropriation, Elizabeth A. Rowe
Elizabeth A Rowe
This paper is grounded on the premise that sociological analysis can be of great benefit to trade secret law. More specifically, a sociological approach can improve our understanding of the social factors involved in the complex interplay between legal doctrine and compliance. As the first article to apply sociological analysis to trade secret law, this paper uses a group which constitutes the largest segment of the workforce, namely, Generation X and Generation Y (collectively referred to and coined in the Article as “New Generation Employees”) as a case study for analyzing how values and social norms influence compliance with trade …