Our own Robert Milligan, Kurt Kappes, and Timothy Nelson contributed a chapter, "Trade Secret Audits and Protection Plans," to the November 2009 update of the Continuing Education of the Bar’s Treatise Trade Secrets Practice in California. Robert also co-authored a second chapter entitled "Litigation Issues." The book is the preeminent treatise in California on trade secret law, and it is cited by practitioners and courts for its reasoning on trade secret issues.
In Robert, Kurt, and Tim’s chapter on trade secret audits, the authors recommend that "companies should ensure that they have adequate trade secret protections in place by conducting a thorough analysis of their protections through a formal trade secret audit." The authors also note that "Experience has shown that companies gain tremendous value by taking a proactive, systematic approach to assessing and protecting their trade secret portfolios through regular trade secret audits."
Robert’s litigation chapter identifies issues in trade secret misappropriation cases from the perspective of both the trade secret owner and the accused misappropriator. In analyzing litigation procedure, the chapter identifies preliminary issues, pretrial motions, trial issues, and post-resolution issues. The chapter also addresses other remedies against trade secret misappropriation not based on the Uniform Trade Secrets Act (UTSA). The relationship of trade secret protection under the UTSA and protection under other state and federal statutes is also discussed.