degree in Biochemistry in 1976 from the University of California, Berkeley, his J.D. Submit your request for public records to our Disclosure Office by email, fax, mail, or phone: Email Fax (916) 845-4849 Mail Franchise Tax Board Disclosure Office, MS A-181 PO Box 1468 Sacramento CA 95812-1468 Phone He received his B.A. California Public Records Act: exemptions. Mr. Croll received his A.B. Mr. Sullivan is a coauthor of chapter 1. The California Public Records Act (Statutes of 1968, Chapter 1473; currently codified as Chapter 3.5 of Division 7 of Title 1 of the California Government Code) was a law passed by the California State Legislature and signed by then-governor Ronald Reagan in 1968 requiring inspection or disclosure of governmental records to the public upon request, unless exempted by law. CPRA also includes a catch-all exemption that applies if the public interest in privacy clearly outweighs the public interest in … III.  REASONABLE EFFORTS TO MAINTAIN SECRECY, 1.  Cases Showing Adequate Measures to Protect Trade Secrets, 2.  Cases Showing Inadequate Measures to Protect Trade Secrets, B.  Procedures in Dealing With Employees, 2.  Threatened Misappropriation, Inevitable Disclosure, 3.  Employee Instruction and Employee Awareness Program, b.  Documenting Departing Employees’ Obligations, C.  Procedures Concerning Physical Access, E.  Procedures for Information Dissemination, F.  Procedures for Computer Data and Equipment; Other Advanced Technology, G.  Procedures Concerning Product Sales, IV.  GOVERNMENT SUBMISSIONS AND DISCLOSURES, D.  Review Current Policies and Procedures, E.  Review Current Physical and Electronic Security Measures, G.  Review Current Protective Agreements, B.  Elements of Effective Trade Secret Protection Plans, D.  Government and Third Party Relationships, VI.  SAMPLE TRADE SECRET AUDIT CHECKLIST, B.  Sample Trade Secret Audit Checklist, II.  PROTECTING PROPRIETARY INFORMATION IN DEALING WITH FEDERAL GOVERNMENT, A.  Who Owns the Rights to Data When Contracting With the Government: Federal Acquisition Regulations System, 2.  Determining the Scope of the Government’s License Under the FAR, 3.  Source of Funding as a Basis for the Government’s Rights Under DFARS, 5.  Requirements for Limiting Government Rights, B.  Who Can Access Your Proprietary Information: Freedom of Information Act, C.  Challenging Government Release of Your Proprietary Information, 2.  Objecting to Disclosure of Records Under FOIA Request, 3.  “Reverse FOIA”—Administrative Procedure Act, III.  PROTECTING PROPRIETARY INFORMATION IN DEALING WITH STATE OF CALIFORNIA, 4.  Developments Under California Public Records Act, C.  California Information Practices Act, IV.  PROTECTING PROPRIETARY INFORMATION IN DEALING WITH LOCAL GOVERNMENT, V.  LIABILITY OF GOVERNMENT AGENCIES OR EMPLOYEES FOR IMPROPER DISCLOSURE OF TRADE SECRET INFORMATION, VII.  CHECKLIST: PRACTICAL POINTERS FOR PROTECTING TRADE SECRETS WHEN DEALING WITH GOVERNMENT, B.  Form: Long-Form Restricted Rights Legend (General Use), C.  Form: Long-Form Restricted Rights Legend for Electronic Mail and Facsimile Transmissions, 2.  Form: Legends for Technical Data or Computer Software and Software Documentation Provided to Federal Government, 3.  Form: Legend Claiming Exemption From Freedom of Information Act, III.  EMPLOYEE CONFIDENTIALITY AGREEMENTS, A.  Form: Short-Form Confidentiality Agreement for Interviews With Prospective Employees, B.  Form: Long-Form Confidentiality Agreement for Interviews With Prospective Employees, C.  Form: New Employee’s Acknowledgment of Confidentiality Agreement, D.  Employee Confidentiality and Intellectual Property Assignment Agreement, 4.  Form: Protection of Company’s Confidential Information, 6.  Form: Prior Knowledge and Relationships, 7.  Form: Assignment of Employee Inventions and Copyrights, 19.  Form: Warning of Effect of Agreement, 21.  Form: Exhibit A—Prior Knowledge and Inventions, 22.  Form: Exhibit B—Company’s Written Notification of Lab C §2870, 23.  Form: Exhibit C—Termination Certificate, V.  CONFIDENTIALITY AGREEMENTS WITH OUTSIDERS, 1.  Need for Visitor’s Agreement and Identification Badge, 3.  Form: Log Book Agreement Provisions, 1.  Form: Bilateral Confidential Disclosure Agreement, 2.  Form: Unilateral Confidential Disclosure Agreement, 1.  Need for Confidentiality Provisions, 2.  Form: Confidential Disclosure Provisions for Inclusion in Purchase Agreements and Purchase Orders, 3.  Form: Confidential Disclosure Provisions for Cover Sheet on Proprietary Information, D.  On-Site Employees From Another Company, 2.  Form: On-Site Employee Confidentiality Agreement, I.  INTRODUCTION: ASSIGNMENT OR LICENSE, B.  Licenses of Trade Secrets in Combination With Patent Rights (“Hybrid Licenses”), 1.  Special Issues Raised by Hybrid Licenses, 2.  Domestic Versus Foreign Patent Rights, b.  Effect of Patent Issuance on Trade Secret License, III.  PRIMARY ISSUES IN TRADE SECRET LICENSE AGREEMENTS, 1.  Proprietor’s Experience With Secret, 3.  Allocation of Percentage of Projected Net Profit, 5.  Alternative Costs: Projected Legal Fees, Consequences of Delay, IV.  ANTITRUST PROBLEMS: DEPARTMENT OF JUSTICE GUIDELINES, A.  Exclusivity Issues Raised by Guidelines, C.  Price Controls and Use Restrictions, F.  Granting or Revoking Licenses in Concert With Other Licensees, B.  Approaches to Disclosure Prior to License, 1.  Disclosure of Nonconfidential Information, 5.  Form: Simple Confidentiality and Nondisclosure Letter Agreement, I.  QUESTIONNAIRE: PRELIMINARY INFORMATION, 3.  Form: Grant Clause for Trade Secret and Patent Hybrid Licenses, 4.  Form: Grant Clause for Licensing Trade Secrets Disclosed in Patent Applications, 5.  Form: Grant Clause for Trade Secret and Trademark Hybrid Licenses, 6.  Form: Grant Clause With No Right of Sublicense, 7.  Form: Grant Clause With Right of Sublicense, 8.  Form: Grant Clause Including Licensee’s Modifications to Licensed Subject Matter, b.  Form: Royalty Provision Providing Economic Incentive to Practice Trade Secrets in Designated Territory, c.  Form: Allocation of Royalties if Hybrid Trade Secret and Patent License, 3.  Form: Payment Terms; Paid-Up License, K.  Form: Disclosure of Technical Information Pursuant to Agreement, AB.  Form: Governing Law and Choice of Forum, II.  USE OF TRADE SECRETS AS COLLATERAL, A.  Advantages of Using Trade Secrets as Collateral, B.  Disadvantages of Using Trade Secrets as Collateral, A.  California Commercial Code Governs Security Interests, B.  Definition of General Intangibles Includes Trade Secrets, 2.  Form: Security Agreement Granting Clause Describing Trade Secrets Collateral, B.  Perfecting Security Interests in Intellectual Property, 1.  Methods for Filing Financing Statements, 3.  Form: Financing Statement Addendum (UCC1Ad), 4.  Form: Additional Language for Description of Trade Secrets Collateral, VII.  SPECIAL CONSIDERATIONS IN USE OF TRADE SECRETS AS COLLATERAL, VIII.  CHECKLIST: STEPS FOR SETTING UP SIMPLE SECURED TRANSACTIONS, II.  ADOPTING CORPORATE TRADE SECRETS POLICY, 1.  Have Trade Secret Protection Policy in Place From Inception, 2.  Employee Confidentiality Agreements, 3.  Confidentiality Agreements With Third Parties, 4.  Reasonable Efforts to Maintain Secrecy, III.  REDUCING TRADE SECRET RISKS IN HIRING, A.  Counseling Employer of Prospective New Employee, 2.  Investigate New Employee’s Knowledge and Experience, b.  Form: Client Interview Sheet: Information on Change of Employment, 3.  Identify Information Owned by Former Employer, 4.  Ascertain Character of Information Acquired by Employee, IV.  COUNSELING IN DISPUTES OVER NONDISCLOSURE AGREEMENTS. Mr. Schoenbaum is a coauthor of chapter 16. KEVIN D. DEBRÉ is the update author of chapters 7 and 8. Verisign, Inc. v XYZ.COM LLC (4th Cir 2018) 891 F3d 481. 6251. Overview 5.21; 2. Mr. Knobbe is a coauthor of chapter 16. degree in 1986 at Northwestern University, her C.Phil. DIANE J. MASON is the update author of chapter 17. See §§1.11, 11.94, 12.13. On the other hand, the information used to calculate air pollution emissions may be withheld … state law, including, but not limited to, the provisions of the Evidence Code relating to privilege."'". Mr. Roberts received his A.B. A complainant also may recover for the unjust enrichment caused by misappropriation that is not taken into account in computing damages for actual loss. The Export Administration Act of 1979 was replaced by the Export Control Reform Act of 2018 (50 USC §§4801–4851), effective August 18, 2018. degree from the University of California, Davis, School of Law. AMN Healthcare, Inc. v Aya Healthcare Servs., Inc. (2018) 28 CA5th 923. He received a B.S. John G. Davies, United States District Court for the Central District of California. 2005 California Government Code Sections 6250-6270 Article 1. He is a registered patent lawyer and specializes in intellectual property licensing and other transactions, and strategic planning of intellectual property protection. D. JOSHUA SALINAS is an update coauthor of chapters 4A, 11, and 12. This title shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this title among states enacting it. Developments Under California Public Records Act 5.23A; C. California Information Practices Act 5.24; IV. Because ownership is a key element of a trade secret misappropriation case, and because ownership must be proved (see LivePerson, Inc. v [24], Inc. (ND Cal, Oct. 26, 2018, No. The California legislature amended Pen C §502, which makes it illegal to gain access to or use a computer system without authorization, to clarify that “computer system” includes devices or systems located in or connected to motor vehicles.