Lawyering: Trade Secret Protection & Litigation
Trade secrets are an important-yet often overlooked-type of intellectual property that are important to virtually all businesses, especially in the Bay Area’s high-technology and biotechnology industries. This course will introduce students to the substantive law, procedure, lawyering skills, strategies, and ethics involved in a typical trade secret misappropriation case. Students will gain experience in evaluating whether a valid trade secret exists, drafting a Complaint and Answer in a litigation proceeding, conducting pretrial discovery (including depositions), and drafting and arguing a pretrial dispositive motion in a simulated case. Throughout the course, students will be guided to develop practical and critical thinking skills in performing tasks (and creating work product) typical in a trade secret misappropriation case in state or federal court. This course is open only to first-year JD students.