We may analogize the law of intellectual property to the departments in a general store. There, well-lit, in the front aisles, is everything we might want to know about trademarks, copyrights and patents. Shelves upon shelves of information describe the processes of creating and owning an interest in these species of intellectual property, outline the elements of an infringement claim, lay out the methodologies of proof of a claim, and generally provide the practitioner with reasonable clarity and certainty in pursuing the prosecution or defense of cases arising under these legal regimes.
Somewhat further to the rear, but still fairly well lit, is the section addressing trade secrecy, including clearly-marked areas defining the elements of a claim, methods of proof and rules of procedure, available both at common law and under the various incarnations of the model statutes which have more and more become the norm for the state law protection of trade secrecy. Way in the back – in a dim, gloomy, unswept and generally poorly-maintained alcove – we find something called “confidential and proprietary information.” Very little is available there to inform and enlighten the practitioner shopping for guidance.
What, exactly, is this species of intellectual property? Most of the slim pickings available tell us what it is not, but almost nowhere will we find any substantive definition of what it is. We can find sources which tell us that it is somehow separate and distinct from a trade secret, and the proper subject of legal protection, but exactly what the difference is, no one seems to be able to say. We even find sources which seem to suggest that “confidential and proprietary” information is not really a category of intellectual property at all, but something else entirely, although following the trail of exactly what that might be leads us ultimately to a dead end of confusion and uncertainty.
Join attorney Jeffrey Ullman as he sheds light on an area where there is largely darkness and unintelligibility. Specifically, Mr. Ullman addresses questions such as:
These questions and more guide the discussion of a growing and widening area of concern for practitioners.
I. Coherently analyze the legal viability of claims alleging the misappropriation of “confidential and proprietary” information, with emphasis on the application of the analysis to cases involving allegedly misappropriated ideas or concepts
II. Separate bona fide claims from wasteful boondoggles
III. Develop a methodology for protecting the interests of clients, whether as plaintiff or defendant
VERY engaging speaker, excellent production and editing values, sophisticated content.
very good speaker.
This was a very relevant course for me and well organized.
What a Fantastic Lecturer! Hope he does more podcasts!
very well explained, a new area of IP litigation I was unaware of
This was an excellent presentation of an important emerging area of the intellectual protection law.
Really enjoyed his energetic presentation!
Excellent. Hope more presentations are added in the future,
Excellent engaging speaker!
excellent presenter - took course because of presenter
Mr. Ullman marries superb content with incredibly effective teaching style. He's one of the best lecturers I have ever heard.
Mr Ullman's presentation of this confusing area of law supports the observation that he is gifted speaker and should be coaxed by Lawline to teach as many courses for them as their budget allows. I would even take a course in the household arts if deliver
informative and well done.
One of the best programs on Lawline Great instructor and solid material.
Very good presentation
Right on point and clear!
Excellent presentation and speaker. One of the best I've heard.
very informative and engaging presentation.
Great and interesting presentation
Good summary of a complex area of IP law.
Great lecture!! :)
this is an excellent lecture, on a thought-provoking subject
Great engaging speaker.
This man is the best speaker I have ever seen on law line. I took this course just because he was teaching it. I have no intention of practicing intellectual property law, but he makes it interesting. He is a passionate and persuasive speaker.
Great class. Interesting combination.
Fantastic! Very interesting.
Excellent. Would like tol take more courses with this lecturer.
He should teach all the courses. Really good.
very interesting and educational at the same time
Mr. Ullman did tremendous job of explaining difficult concepts, and I would recommend this speaker and course to others.
Mr. Ullman is an excellent lecturer. I would highly recommend this course as well as other courses that he teaches.
Very interesting and lively lecture with a dynamic instructor!
Very enthusiastic speaker with broad knowledge of his material.
Good passion of the subject.
Website was very easy to use. I enjoyed the topic area. Great speaker. Made the subject matter very enjoyable and interesting.
Excellent and animated speaker.
Mr. Ullman is an excellent presenter!
Good over view...
Wonderful, animated speaker!
one of the best I have veiwed..Speaker clearly was well versed in the field and made the presentation very engaging.
The oral and written presentations tracked virtually verbatim, but it was helpful rather than annoying because Jeffrey Ullman's speaking style and substantive knowledge of the issues helped tremendously in making the material comprehensible (even though t
Great topic, presented in an engaging and thoughtful manner!
Great speaker, very enthusiastic and knowledgeable about the subject. The slides are good, too.
The presenter did a very nice job!
Outstanding program! Thanks very much.
Great speaker. Made the topic very entertaining and understandable.
Speaker kept my interest.
Much more complicated issues to prove than I realized
Ullman brings great enthusiasm and knowledge to a very nebulous area of law. Great job
Jeff Ullman was an excellent speaker, animated, and interesting. I hope he will give more presentations in the future
The speaker was really great
Speaker was very enthusiastic about his subject.
Ullman is fantastic
Excellent program. In-depth coverage and analysis of a difficult practice area for most practitioners.
I want Mr. Ullman to do all CLE's...he is very engaging with great material!
Very good presenter
Mr. Ullman was wonderful. He displayed great enthusiasm for the material.
loved the speaker's gregarious nature
Great speaker...engaging, exuberant and makes this complicated area clear. More programs from him, please!
Wow! The speaker was great. I wished we had another 30 minutes for him.
Mr. Ullman is one of the best speakers - no, THE best - that I've heard on Lawline. Kudos.
This is in the top three of all CLEs on lawline.
I thought it was very well presented