Eric E. Bensen

Milgrim on Trade Secrets

Roger M. Milgrim & Eric E. Bensen

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Milgrim on trade Secrets is the most frequently cited trade secret treatise and has been recognized by courts as the "leading" treatise on trade secret law. E.g.:

 

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

• Advanced Fluid Sys. v. Huber, 958 F.3d 168, 178 n.6 (3d Cir. 2020) (“[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).”) (emphasis added). 

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

• Versata Software, Inc. v. Ford Motor Co., 2023 U.S. Dist. LEXIS 188219, *24 (E.D. Mich. Oct. 19, 2023) (“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).”) (emphasis added).

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Written by two recognized experts with practical experience in all aspects of trade secret protection and litigation, Milgrim on Trade Secrets has been cited as "the authority" on trade secret law more than 250 times by courts including the U.S. Supreme Court, every federal court of appeals and numerous state supreme and appellate courts.

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This unrivaled legal resource provides in depth coverage on trade secret definitions, how to protect a trade secret, and pretrial and trial considerations. In addition to its analysis of traditional trade secret problems such as those arising between owners of trade secrets and their employees, this treatise provides full coverage of other legal issues, including criminal, administrative, antitrust and tax considerations.​​