Eric E. Bensen

Milgrim on Trade Secrets

Roger M. Milgrim & Eric E. Bensen

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Milgrim on trade Secrets has been cited more than 270 times by courts including the U.S. Supreme Court, every federal court of appeals and numerous state supreme and appellate courts and has been recognized by courts as the "leading" treatise on trade secret law. E.g.:

 

• “[T]he leading trade secrets treatise adopts this approach in its plainly-worded and succinct definition of ‘willful and malicious’ trade secret misappropriation … .” Analytics N. Am. Corp. v. Blue Sun Sci., LLC, 795 F. Supp. 3d 84, 105 (D. Mass. 2024) (citing Milgrim on Trade Secrets; emphasis added). 

• “[A]s a leading treatise recognizes, ‘because the gravamen of [a Uniform Trade Secrets Act] misappropriation action is wrongful acquisition or improper use of information gained from a plaintiff, possession, as opposed to ownership, suffices.’ 4 Roger M. Milgrim & Eric E. Bensen, Milgrim on Trade Secrets § 15.01 (2020).”  Fluid Sys. v. Huber, 958 F.3d 168, 178 n.6 (3d Cir. 2020) (emphasis added). 

• “The courts in both [decisions] relied on a leading treatise, Milgrim on Trade Secrets." Software, Inc. v. Newman, 111 F.4th 1147, 1164 (11th Cir. 2024)  (emphasis added).

• “As the leading treatise on trade secret misappropriation explains, ‘[u]sually the duration of an injunction is designed to protect the plaintiff's interests; the period of time that would be required for independent development [of a non-infringing alternative] is the most commonly employed standard.’ 4 Milgrim on Trade Secrets § 15.02(1)(d) (2023).” Versata Software, Inc. v. Ford Motor Co., 2023 U.S. Dist. LEXIS 188219, *24 (E.D. Mich. Oct. 19, 2023) () (emphasis added).​

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​This unrivaled legal resource begins with an overview of each body of trade secret law, most notably the Uniform Trade Secrets Act (“UTSA”) and the Defend Trade Secrets Act (“DTSA”), and a state-by-state discussion of individual UTSA enactments. Then, drawing on UTSA, DTSA and common law authority, the work provides in depth coverage of all aspects of trade secret law including:

 

• Elements of a trade secret claim

• UTSA preemption of state law

• Trade Secret Standing

• Defenses to a trade secret claim

• Protecting trade secrecy in litigation

• Sufficient identification of trade secrets 

• Jurisdiction for trade secret claims

• Statutes of limitation 

• Remedies for trade secret misappropriation

 

In addition to the forgoing, Milgrim on Trade Secrets provides hundreds of examples of subject matters that have been found to be protectable as trade secrets and addresses related areas of concern for trade secret owners:

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• The enforceability of the restrictive covenants 

• Trade secret issues that arise in an employment relationship

• The trade secret-related provisions of the Freedom of Information Act and similar state laws

• Trade secret concerns that arise when dealing with public agencies 

• The relationship between trade secret protection and copyright and patent protection