NotesFAQContact Us
Collection
Advanced
Search Tips
Back to results
Peer reviewed Peer reviewed
Direct linkDirect link
ERIC Number: EJ981430
Record Type: Journal
Publication Date: 2012
Pages: 25
Abstractor: ERIC
ISBN: N/A
ISSN: ISSN-0896-5811
EISSN: N/A
Trade Secrets in the Legal Studies Curriculum--A Case Study
Evans, Michelle
Journal of Legal Studies Education, v29 n1 p1-25 Win-Spr 2012
Trade secrets can be a valuable company asset because of their potential to last forever. Unfortunately, along with such a significant benefit, there is also a significant risk--the risk that the trade secret can be lost in an instant if it is not sufficiently protected. Companies must be vigilant in protecting these secrets. However, the law is not always clear on what constitutes sufficient protection. Therefore, understanding the nuances of trade secret law is important for any business professional who may need to protect a trade secret in the future. Case studies provide an ideal format for presentation of complex legal issues, such as those involving trade secrets, to business students. This article presents such a case study. The case is based on actual events and reflects a common problem faced by companies. All too often, one company trains an employee, shares certain trade secret information with that employee, and the employee leaves for a better opportunity at a competing company. After the employee begins work at the competing company, the competing company releases a product similar to that produced by the former employer, before the former employer has the opportunity to release its own product to market. The former employer sues the employee and the current employer for misappropriation of trade secrets. The first question in such a lawsuit is whether the former employer had a protectable trade secret. This case study, along with the discussion and analysis questions provided, can be used by legal studies faculty to introduce the concept of trade secrets into basic employment law, business ethics, or intellectual property law discussions. (Contains 67 footnotes and 1 figure.)
Wiley-Blackwell. 350 Main Street, Malden, MA 02148. Tel: 800-835-6770; Tel: 781-388-8598; Fax: 781-388-8232; e-mail: cs-journals@wiley.com; Web site: http://www.wiley.com/WileyCDA/
Publication Type: Journal Articles; Reports - Evaluative
Education Level: Higher Education; Postsecondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Grant or Contract Numbers: N/A