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James Pooley

IP Litigator and Trade Secret Expert

James Pooley, PLC

James Pooley is one of the world’s foremost experts in trade secret law and management. His treatise, “Trade Secrets,” updated semi-annually, is the leading lawyer’s desk reference on the subject. His latest business book is “Secrets: Managing Information Assets in the Age of Cyberespionage” (Verus Press, 2015).

Mr. Pooley’s career as a sought-after advisor, IP litigator, and information security expert spans over 50 years. His many leadership roles include his tenure as president of the American Intellectual Property Law Association and as chairman of the National Inventors Hall of Fame.

On the international stage, Mr. Pooley served as Deputy Director General of the World Intellectual Property Organization in Geneva from December 2009 to November 2014, where he was responsible for the international patent system.

Having returned to Silicon Valley, Mr. Pooley established a private law practice where he specializes in litigation strategy, expert witnessing, and information security counseling.

Recent Articles by James Pooley

Back When the Supreme Court Got It Right On IP: Kewanee, 50 Years Later

When May rolls around, lots of people – well, trade secret people that is – think about the Defend Trade Secrets Act of 2016 (DTSA), which for the first time in U.S. history granted original jurisdiction in federal courts for civil claims of misappropriation. The DTSA was signed into law on May 11, 2016, so it’s now eight years old. And performing pretty much as Congress intended. But this year there’s a far more consequential anniversary to celebrate. May 13 marks 50 years since the U.S. Supreme Court issued its 1974 opinion in Kewanee v. Bicron. I remember that time very well. Barely a year out of law school, I was still learning the ropes of legal practice. While walking down the hall I saw something very unusual: the senior partner sitting at his desk reading one of the “advance sheets.”

Secrecy and Taylor Swift: What Conspiracy Theories Reveal About Our Growing Distrust of Institutions

Maintaining control over trade secrets is mostly about risk management, and one dimension of risk lies in having to tell hundreds or thousands of employees to keep quiet and then depend on each of them to do so. Human nature being what it is, risk increases quite a bit when the secret is about something really big and important. And it increases even more if the secret shows that your employer is lying to the public. Indeed, you might think that kind of information is the very hardest to keep under wraps. But there seems to be a growing number of people who think it’s quite easy.

Past Events with James Pooley