Trade Secrets and Restrictive Covenants

This course examines the principles and practice of the law of trade secrets and restrictive covenants. Trade secrets, alongside contractual restrictions on information sharing and employee mobility (such as non-disclosure and non-compete agreements), can constitute some of the most valuable and contested assets of a modern venture. Situated at the collision point between intellectual property and employment law, this course evaluates the sources, mechanics, uses, and misuses of modern confidentiality governance. Students will be expected to evaluate contractual terms, assess policy arguments in favor of broader or narrower confidentiality protections, and explore the interrelationships between trade secrets law and areas including contract, tort, and constitutional law.