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Intellectual Property

Copyright, Patent, Trademark, and Trade Secrets

Trade Secrets Resources

Uniform Trade Secrets Act - Uniform Law Commission
The Uniform Law Commission's website provides the text of the Uniform Trade Secrets Act with Commission comments, a listing of the states that have enacted the Act (with bill numbers provided), and the Act's enactment kit. 

Restatement (Second) of Torts - HeinOnline (available on campus or remotely with ASURITE)
HeinOnline offers the full text of the Restatement (Second) of Torts. The full text of the Restatement is also available on Westlaw and Lexis (Westlaw/Lexis passwords required).

Restatement (Third) of Unfair Competition - HeinOnline (available on campus or remotely with ASURITE)
HeinOnline offers the full text of the Restatement (Third) of Unfair Competition. The full text of the Restatement is also available on Westlaw and Lexis (Westlaw/Lexis passwords required).

Below is a short list of treatises in the ASU Library collection related to trade secrets law.  You can search for other resources in the ASU Library catalog by using subject headings such as: Trade Secrets -- United States and Intellectual property - United States.

Milgrim on Trade Secrets (Robert M. Milgrim, 1967-present) (Lexis password required)
This treatise provides in-depth coverage on trade secret definitions, how to protect a trade secret, and pretrial and trial considerations. 

Trade Secrets: A State-by-State Survey (Brian M. Malsberger; David J. Carr; Arnold Pedowitz; Eric Akira Tate, 2017) 
This treatise covers each state's statutory and common law protection of trade secrets and other confidential business information, both within and outside the employment context. The title is available in print in the Law Library.

Trade Secrets: A Legal Research Guide (John Cavicchi, 2019) (available on campus or remotely with ASURITE)
This book, available on HeinOnline, provides researchers with information on how to locate case decisions, laws, articles, and online materials necessary to understand trade secrets law. 

Trade Secrets Law (Melvin F. Jager, 2021) (Westlaw password required)
This comprehensive treatise includes a full analysis of trade secret laws and a review of trade secret theories accepted by the courts. The author provides context on how to form an enforceable protective agreement for trade secrets and also discusses trade secret licenses. 

Bloomberg Law - Trade Secrets (Bloomberg password required)
Bloomberg law hosts a suite of information for the trade secrets researcher that covers: practice tools, news & analysis, opinions & dockets, regulatory materials, and legal analysis.

Lexis Trade Secrets Law (Lexis password required)
The Lexis Trade Secrets Law page brings together a variety of legal sources, all specific to trade secrets, including statutes, cases, and regulations, as well as secondary sources, forms, dockets, and more.

Westlaw Practical Law - Trade Secrets (Westlaw password required)
Westlaw hosts a suite of practical content including checklists, practice notes, summary overviews, and forms related to the practice of trade secrets law to help practitioners stay in compliance and efficient in their workflows.

News and Current Awareness

Bloomberg Law - IP Law News (Bloomberg password required)
Bloomberg's news service has a section for intellectual property law news section can be filtered to provide the user with the latest in trade secrets litigation.

Lexis Trade Secrets News (Lexis password required)
Lexis allows users to search for trade secrets news.

Westlaw Intellectual Property News (Westlaw password required)
Westlaw's news section pulls from a wide range of sources to allow the user to search and filter for terms related to trade secrets law.

Trade Secrets Tracker Blog
This blog from law firm Perkins Coie highlights and analyzes the latest legal developments in trade secret litigation, including court rulings, legal news, and trade secret best practices for companies and their legal departments.

Trade Secrets Trends Blog
This blog from Crowell Moring analyzes the latest legal developments in trade secret litigation, including court rulings, legal news, and trade secret best practices.

Trade Secrets Watch Blog
Another law firm blog, Trade Secrets Watch content is authored by trade secret attorneys at Orrick, Herrington & Sutcliffe LLP. Blog content includes news and analysis from the United States and across the globe including recent cases, proposed legislation, verdicts and settlements, and practice tips.

Databases with Forms and Drafting Guidance

Westlaw Resources (Westlaw password required)
Practical Law Center 
The Practical Law Center focuses on transactional law resources.  Content includes how-to guides and explanations of current law and practice, example/”standard” documents and clauses with drafting notes, practitioner-written articles, and legal updates. 

  • Standard Documents and Standard Clauses
    Standard documents and clauses are sample contracts and contractual clauses that provide practical drafting and negotiating guidance; the forms and clauses can be downloaded and saved in Word for easy editing.
  • Practice Notes
    Practice notes are a nuts and bolts guide to an area of law. They provide a concise but thorough overview of specific legal matters and provide references to related materials.

Sample Agreements
Over a million executed business agreements with clauses and provisions drafted by attorneys; documents are sourced from the SEC’s EDGAR database.

Form Finder
Forms by state, by topic, or by publication.

Drafting Assistant
Drafting Assistant is a tool that provides support in drafting and reviewing documents. After uploading your written work, the assistant enables you to update your document with KeyCite flags, hyperlink citations, proper citation formatting, and a table of authorities.

Lexis Resources (Lexis password required)
Lexis Practice Advisor 
Lexis Practice Advisor contains resources focused on transaction law including annotated forms, practitioner insights, and drafting guidance.  Resources are organized by eleven practice areas.

  • Forms 
    Forms are sample contracts, agreements, and precedents that provide examples of  complete transactional legal documents. The Forms database provides access to forms authored by Lexis Practice Advisor (LPA) authors, briefs/pleadings/motions filed in court, and official forms from federal and state government offices.
  • Practice Notes

    Practice Notes provides document overviews, drafting notes, and checklists offering step by step, how-to guidance to assist in drafting legal documents. The overview provides a brief summary written in plain English with background information on the task and potential issues pertaining to the selected task. 

Bloomberg Law Resources (Bloomberg Law password required)
Transactional Intelligence Center
Bloomberg Law’s Transactional Law Resources include documents and clauses used in real legal transactions, document descriptions, and drafting guides. Resources can be both searched and browsed.

  • Transactional Precedent Search (formerly DealMaker Documents and Clauses)
    Over 800,000 agreements that were used by practitioners in real transactions; documents are sourced from the Security and Exchange Commission’s (SEC) EDGAR database.
  • Sample Agreements
    Bloomberg Law offers nearly 200 sample (model) agreements, many with explanatory annotations. 
  • Drafting Guides
    Bloomberg's drafting guides provide guidance on how to draft specific types of legal documents. 
  • Draft Analyzer

    Draft Analyzer is a tool that allows you to compare your drafted transactional document's language against EDGAR exhibits to determine market standard language. The system matches your text to similar templates representing consensus drafting from EDGAR. The Bloomberg system categorizes each paragraph based on textual similarity and constructs one or more unified versions (“consensus templates”) for each identified cluster of similarly worded paragraphs. It also identifies and quantifies areas of linguistic variance and displays the most common alternative words or phrases used in its source paragraphs.

Employment Law Resources

Frequently trades secrets research is done in the context of employment law litigation.  These resources are good starting places for employment law and practice to supplement your trade secrets research.

Databases

Bloomberg Law Employment Law Center (Bloomberg Law password required)
This Bloomberg page has a wealth of employment-related information including news, legal analysis, practitioner tools, federal and state statutes, regulations, and more.  

Lexis Labor and Employment Practice Center (Lexis password required)
The Lexis Labor and Employment Practice Center provides easy access to federal and state employment law cases, arbitration awards, statutes, regulations, and secondary sources.

Westlaw Employment Law (Westlaw password required)
Westlaw’s employment law resources include federal and state cases, statutes, and regulations, agency decisions,  secondary sources, and 50 State Statutory and Regulatory Surveys.

State Information

National Conference of State Legislatures - Labor and Employment Law
The NCSL Labor and Employment Law page has federal and state bills and other legislative information on topics such as disability employment and discrimination.

Current Awareness

Directory of Employment Law blogs
This directory includes 270 blogs dealing with employment law.

Workplace Prof Blog
Part of the Law Professor Blog Network, the Workplace Law Prof Blog is edited by five law professors and contains content on all aspects of employment law.

WorkDay Blog
This Wolters Kluwer blog is edited by nine practicing attorneys and provides news and analysis on employment law issues.