Trade Secret

Using the Economic Espionage Act to Protect Trade Secrets in Baseball

By in JIPEL Vol. 8 - No. 1 Tags: ,

Using the Economic Espionage Act to Protect Trade Secrets in Baseball

By: Brette Trost*

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In 2016, Christopher Correa, a former employee of the St. Louis Cardinals, was sentenced to forty-six months in prison for violating the Computer Fraud and Abuse Act when he accessed a Houston Astros database without authorization. However, these were not the only charges Correa could have faced. This note uses the Correa case to illustrate how the Economic Espionage Act can be used to prevent trade secret theft in Major League Baseball. More specifically, this note asserts that the sabermetric data systems used by MLB teams to evaluate and track players are legally protectable trade secrets. Furthermore, due to the fluid nature of the baseball analytics talent pool and barriers to civil prosecution inherent in baseball’s structure, the Economic Espionage Act presents the best way to combat the misappropriation of this information. The note goes on to distinguish between teams’ off-field and on-field tactics and discusses how, if at all, this framework should apply to the collection and use of biometric data.

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Think Big! The Need for Patent Rights in the Era of Big Data and Machine Learning

By in JIPEL Vol. 7- No. 2 Tags: , ,

Think Big! The Need for Patent Rights in the Era of Big Data and Machine Learning
By: Hyunjong Ryan Jin* Download a PDF version of this article here More →

Lost and Found: Intellectual Property of the Fragrance Industry; From Trade Secret to Trade Dress

By in JIPEL Vol. 5 - No. 1 Tags: , , ,

Lost and Found: Intellectual Property of the Fragrance Industry; From Trade Secret to Trade Dress
By Charles Cronin* Download a PDF version of this article here. More →

Addressing Climate Change: Domestic Innovation, International Aid and Collaboration

By in JIPEL Vol. 5 - No. 1 Tags: , , ,

Addressing Climate Change: Domestic Innovation, International Aid and Collaboration
By Joy Y. Xiang* Download a PDF version of this article here.
Introduction
I. Groundwork: Climate Change, Clean Technologies, and International Transfer of Clean Technologies
A. Climate Change
B. Clean Technologies
C. International Transfer of Clean Technologies to Developing Nations
1. Transferring Clean Technologies to Developing Nations Has Been an Important Focus of International Climate Change Efforts
2. Technology Transfer Defined
3. International Transfer of Clean Technologies to Developing Nations Has Been Limited
D. How to Increase Transfer of Clean Technologies to Developing Nations – An Ongoing Debate
1. Developing Nations
2. Developed Nations
II. Analysis: Possible Reasons for the Limited International Transfer of Clean Technologies to Developing Nations
A. Is the Existence of IPR a Major Barrier for Transfer of Clean Technologies to Developing Nations?
1. IPR and Its Role
2. Evidential Data
i. Investments for Clean Technologies
ii. Patent Ownership for Clean Technologies
3. Assessment
i. The Emerging Economies
ii. The LDCs
iii. The Other Developing Nations – i.e., the Mid-tier Developing Nations
B. What Are the Potential Underlying Reasons for the Limited Transfer of Clean Technologies to Developing Nations?
1. Evidential Data
i. Developing Nations’ Own Assessments
ii. Other Evidential Data
2. Assessment
i. International Technology Licensing
ii. Foreign Direct Investment
iii. International Trade
C. Summary
III. Proposal: Focus on Domestic Innovation, International Aid, and International Technology Collaboration
A. Domestic Innovation
1. Developed Nations
2. Developing Nations
i. Building National IPR Systems That Reflect Developmental Realities
ii. Building up National Capacity to Attract Inbound Transfer of Clean Technologies
B. International Aid
C. International Technology Collaboration
IV. Appraisal: Advantage and Concerns Regarding the Proposal
A. Advantages
B. Concerns
Conclusion
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Where the Trade Secret Sits: How the Economic Espionage Act Is Inflaming Tensions in the Employment Relationship, and How Smart Employers and Employees Are Responding

By in JIPEL Vol. 3 – No. 2 Tags:

Where the Trade Secret Sits: How the Economic Espionage Act Is Inflaming Tensions in the Employment Relationship, and How Smart Employers and Employees Are Responding
By Adam Waks* A pdf version of this article may be downloaded here.
I. Introduction
II. The Current Status of Trade Secrecy Law
A. Civil Law: The Uniform Trade Secrets Act
B. Criminal Law: Enter the Economic Espionage Act
C. The Impact of the Economic Espionage Act on Trade Secrets Generally
III. Trade Secrecy Law in the Employment Context
A. Trade Secrecy and the Employment Relationship: Policy
B. Trade Secrets or “Know-How” v. General Knowledge and Skill
C. How the EEA Increases Conflict in the Employment Relationship
1. Issues for Employers
2. Issues for Employees
IV. Best Practices
A. For Employers
1. Protecting Your Trade Secrets
a. Make Sure Your Intellectual Property Satisfies the Trade Secrecy Requirements
b. When Hiring a New Employee
i. Contract and Employee Hiring Materials
ii. Have Certain Employees Conduct a Brain Dump
c. Terminating an Employee/When an Employee Chooses to Leave
i. Exit Interview
ii. Do Not Delete the Employee’s Records
d. If You Need to Sue
i. Civil, Criminal, or Both?
ii. Be “White of Heart and Empty of Head”
2. Protecting Yourself From Liability For Misappropriating Others’ Trade Secrets
a. Employment Contract and Acknowledgement Forms
b. Entrance Interview With the New Employee
c. Contact the Employee’s Previous Employer
d. Construct “Ethical Walls”
B. For Employees
1. When Hired At a New Company
a. Conduct Your Own Brain Dump
b. Encourage Specificity in Your Contract
c. Be Prepared to Walk Away
2. When Terminated and/or Resigning
a. Keep the Moral High Ground
b. Request an Exit Interview
3. When Leaving to Start Your Own Company
a. Request an Exit Interview
b. Construct Ethical Walls
V. Conclusion
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