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.

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.

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.

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."

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.