Books

Secrets: Managing Information Assets in the Age of CyberEspionage

James Pooley started writing about trade secrets in the 1980s. Back then, the best way for a company to protect its data was to watch who went in and out the door. In the decades since, information security has been challenged by the Internet, an emerging culture of disclosure powered by social media, sophisticated hacking tools, global supply chains, and a drive toward “open innovation,” which calls for sharing vital information with suppliers, customers, and a variety of short-term “partners.”

In short, everything has changed. Information has become the global currency of the 21st century. Managing it is no longer the exclusive province of IT or security. Every operational and strategic part of the enterprise is now involved in this critical task. Whether you’re a leader or any professional who works with information, you must walk the fine line between being open enough to generate creative energy and being careful enough that most sensitive trade secrets stay secret.

Pooley realized anyone trying to make sense of this complex new world needs a plainspoken guide that puts the subject in context and helps them make smart decisions about intellectual property and all of the (often surprising) issues that connect to it. Thus, Secrets was born. Click here for an excerpt from this deeply compelling, readable, information-packed book.

2nd Edition Now Available: Unlock the Latest Strategies for Trade Secret Protection

The first edition of the Secrets was published in 2015. We're excited to announce the 2nd Edition of the Secrets was released in 2024 and is now available for purchase!

In the highly-anticipated second edition of his "must have" resource on trade secrets, James Pooley dispenses the latest insights on protecting information assets in our hyperconnected world. With substantive updates related to artificial intelligence, the trade war with China, the CoVID-19 pandemic, and the passage of the Defend Trade Secrets Act, Pooley outlines strategies for modern businesses to protect and monetize their trade secrets amid a rapidly-changing globalized economy. Michael Malone, author of over 20 books on technology and business, writes the foreword for the second edition of SECRETS - a comprehensive guide for what managers and business owners can do to protect and exploit their competitive advantage, maintain productive business relationships, and avoid lawsuits.

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Secrets, Second Edition (Mandarin Translation)

Due to the popularity of the second edition of Jim Pooley's book, Secrets: Managing Information Assets in the Age of Cyberespionage, we are excited to announce that the book has been fully translated into Mandarin for Chinese audiences!

Ms. Fang Liu is the translator of the book. She is a Senior Partner and the Director of International Practice Department at Tiantai Law Firm, as well as a Senior Research Fellow at the UC Berkeley Center for Law & Technology (BCLT). Ms. Liu is specialized in Corporate Law of China and U.S., Cross-border M&A, VC & Private Equity, IP Licensing, and Foreign-related Commercial Litigation and Arbitration. Ms. Liu co-authored the famous and influential book, Intellectual Property Strategy for Business, with Prof. Robert Merges at UC Berkeley Law School, one of the most famous IP scholars in the world. Ms. Liu is licensed to practice law in China PRC, California, New York, Michigan, and Washington D.C. of the United States.

Starting from the characteristics of trade secrets in the Internet era, the author introduces the information risks and the different ways of trade secret leakage in the era of the Internet, big data and the Internet of Things. The content covers the historical development, the scope of protection of trade secrets as well as the ownership of information, how the law protects trade secrets, how to take specific measures to manage the information assets, the importance of contracts in protecting trade secrets and special concerns of the terms, how to prevent hackers and commercial spies from intrusion, how to avoid contamination of information, how to prevent and resolve competition from departing employees, characteristics of trade secret disputes and litigation, procedural issues and strategies for both plaintiffs and defendants, how to find a balance between protection of trade secrets and government regulation and protection, information theft and criminal liability, and protection of trade secrets in the context of the global marketplace. The book is informative and practical, and is suitable for business executives, information managers, data compliance officers, lawyers and legal professionals in related industries.

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Trade Secret Case Management Judicial Guide

As the knowledge economy expanded and concerns about trade secret misappropriation mounted in the digital age, federal policymakers undertook efforts to reinforce trade secret protection a decade ago. These efforts came to fruition with passage of the Defend Trade Secrets Act of 2016 (DTSA). This landmark legislation, modeled on the Uniform Trade Secrets Act, elevated and expanded trade secret law’s role in the federal intellectual property system. DTSA fully opened the federal courts to trade secret litigation as well as added several new features, including an ex parte seizure remedy and whistleblower immunity.

DTSA added to the large and growing federal caseloads. It also exposes more federal judges, relatively few of whom studied or litigated trade secret cases prior to their judicial appointments, to the distinctive challenges of trade secret litigation.

As with patent litigation, federal judges have implemented innovative approaches to managing trade secret litigation based on the distinctive features of these intangible resources. As with patent litigation, with its pretrial claim construction process, courts have developed practical strategies for identifying the protected trade secrets at issue. This task is complicated by the need to insulate trade secrets from public disclosure. Moreover, trade secret law often involves requests for pretrial equitable relief, which demands additional intensive case management. Furthermore, unlike patent law, federal trade secret law includes criminal law provisions. The interplay of civil and criminal trade secret cases further complicates case management.

Drawing on the PATENT CASE MANAGEMENT JUDICIAL GUIDE (3d ed. 2016)—with chapters organized in the stages of litigation and guided by an early case management checklist—the TRADE SECRET CASE MANAGEMENT JUDICIAL GUIDE provides judges with a comprehensive resource for surveying trade secret law and managing trade secret litigation.

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Patent Case Management Judicial Guide

Patent Case Management Judicial Guide, Third Edition (2016, Federal Judicial Center). James Pooley was one of six authors; others are Peter S. Menell; Lynn H. Pasahow; Matthew D. Powers; Steven G. Carlson; and Jeffrey G. Homrig. This guide to managing patent cases shares the results of author surveys of federal judges and describes their approaches and best practices regarding the unique challenges associated with this complex form of civil litigation.

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Computer and Information Security Handbook

Computer and Information Security Handbook, Fourth Edition offers deep coverage of an extremely wide range of issues in computer and cybersecurity theory, along with applications and best practices, offering the latest insights into established and emerging technologies and advancements. The book offers deep coverage of an extremely wide range of issues in computer and cybersecurity theory, applications, and best practices, offering the latest insights into established and emerging technologies and advancements - including new parts devoted to such current topics as Cyber Security for the Smart City and Smart Homes, Cyber Security of Connected and Automated Vehicles, and Future Cyber Security Trends and Directions. Mr. Pooley is the author of the first chapter, "Information Security in the Modern Enterprise."

Now in its fourth edition and spread across 2 volumes, the handbook now has 115 chapters written by leading experts in their fields, as well as 8 updated appendices and an expanded glossary. It continues its successful format of offering problem-solving techniques that use real-life case studies, checklists, hands-on exercises, question and answers, and summaries. Chapters new to this edition include such timely topics as Threat Landscape and Good Practices for Internet Infrastructure, Cyber Attacks Against the Grid Infrastructure, Threat Landscape and Good Practices for the Smart Grid Infrastructure, Energy Infrastructure Cyber Security, Smart Cities Cyber Security Concerns, Community Preparedness Action Groups for Smart City Cyber Security, Smart City Disaster Preparedness and Resilience, Cyber Security in Smart Homes, Threat Landscape and Good Practices for Smart Homes and Converged Media, Future Trends for Cyber Security for Smart Cities and Smart Homes, Cyber Attacks and Defenses on Intelligent Connected Vehicles, Cyber Security Issues in VANETs, Use of AI in Cyber Security, New Cyber Security Vulnerabilities and Trends Facing Aerospace and Defense Systems, How Aerospace and Defense Companies Will Respond to Future Cyber Security Threats, Fighting the Rising Trends of Cyber Attacks on Aviation, Future Trends for Cyber Security in the Gaming Industry, Future Trends for Cyber Attacks in the Healthcare Industry, and much more.

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Trade Secrets (Intellectual Property Series)

This 800-page, fully footnoted law treatise, published and updated twice a year by Law Journal Press, is a comprehensive yet concise guide to this complex field. It is a suitable reference for those unfamiliar with the field, as well as a timely resource for intellectual property experts in the Information Age. Trade Secrets features a wealth of forms—entire agreements, individual contractual provisions, checklists, pleadings, suggested letters, and more—also provided on CD-ROM, so practitioners can modify them to suit a particular situation.

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Secrets: Managing Information Assets in the Age of CyberEspionage

In the highly-anticipated second edition of his "must have" resource on trade secrets, James Pooley dispenses the latest insights on protecting information assets in our hyperconnected world. With substantive updates related to artificial intelligence, the trade war with China, the CoVID-19 pandemic, and the passage of the Defend Trade Secrets Act, Pooley outlines strategies for modern businesses to protect and monetize their trade secrets amid a rapidly-changing globalized economy. Michael Malone, author of over 20 books on technology and business, writes the foreword for the second edition of SECRETS - a comprehensive guide for what managers and business owners can do to protect and exploit their competitive advantage, maintain productive business relationships, and avoid lawsuits.
Read More

(Mandarin) Secrets: Managing Information Assets in the Age of Cyberespionage - Second Edition

Starting from the characteristics of trade secrets in the Internet era, the author introduces the information risks and the different ways of trade secret leakage in the era of the Internet, big data and the Internet of Things. The content covers the historical development, the scope of protection of trade secrets as well as the ownership of information, how the law protects trade secrets, how to take specific measures to manage the information assets, the importance of contracts in protecting trade secrets and special concerns of the terms, how to prevent hackers and commercial spies from intrusion, how to avoid contamination of information, how to prevent and resolve competition from departing employees, characteristics of trade secret disputes and litigation, procedural issues and strategies for both plaintiffs and defendants, how to find a balance between protection of trade secrets and government regulation and protection, information theft and criminal liability, and much more.
Read More

Trade Secret Case Management Judicial Guide (2023)

The Trade Secret Case Management Judicial Guide provides judges with a comprehensive resource for surveying trade secret law and managing trade secret litigation. As the knowledge economy expanded and concerns about trade secret misappropriation mounted in the digital age, federal policymakers undertook efforts to reinforce trade secret protection a decade ago with passage of the Defend Trade Secrets Act of 2016 (DTSA). DTSA fully opened the federal courts to trade secret litigation as well as added several new features, including an ex parte seizure remedy and whistleblower immunity. DTSA added to the large and growing federal caseloads. It also exposes more federal judges, relatively few of whom studied or litigated trade secret cases prior to their judicial appointments, to the distinctive challenges of trade secret litigation.
Read More

Patent Case Management Judicial Guide, 3rd Edition

This guide to managing patent cases shares the results of author surveys of federal judges and describes their approaches and best practices regarding the unique challenges associated with this complex form of civil litigation.
Read More

Computer and Information Security Handbook, Fourth Edition

Computer and Information Security Handbook, Third Edition, provides the most current and complete reference on computer security available in one volume. The book offers deep coverage of an extremely wide range of issues in computer and cybersecurity theory, applications, and best practices, offering the latest insights into established and emerging technologies and advancements. Mr. Pooley is the author of the first chapter, "Information Security in the Modern Enterprise."
Read More

Trade Secrets

This 800-page, fully footnoted law treatise, published and updated twice a year by Law Journal Press, is a comprehensive yet concise guide to this complex field. It is a suitable reference for those unfamiliar with the field, as well as a timely resource for intellectual property experts in the Information Age. Trade Secrets features a wealth of forms—entire agreements, individual contractual provisions, checklists, pleadings, suggested letters, and more—also provided on CD-ROM, so practitioners can modify them to suit a particular situation.
Read More
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