Trade Secrets Protection Act & Defend Trade Secrets Act: 2015 Updates
Overview:
From organized crime, and foreign governments to competing companies, hackers, and employees, the threats to trade secrets are graver than ever before some reports suggest that trade secrets theft may cause loss of 1 to 3% of the Gross Domestic Product of the United States and other advanced industrial economies.
In April 2014, the Defend Trade Secrets Act of 2014 (DTSA) and the Trade Secret Protection Act of 2014 (TSPA) were introduced. The TSPA would amend the Economic Espionage Act of 1996 (EEA) to create a private, federal action for 'mis-appropriation' of a trade secret intended for use inter-state or foreign commerce.
In a two hour live webcast, a panel of key thought leaders assembled by The Knowledge Group will provide the audience with a thorough discussion of the fundamentals as well as updates of these two Act. The panel will also provide insight into the limitations and new benefits of the Acts. For example the legislation authorizes federal courts to issue ex parte order to preserve evidence and seizure property used in a violation. Thus, trade secret owners would be afforded relief similar to that of the Lanham Act.
Key topics include:
- Trade Secrets Protection Act - Overview
- Defend Trade Secrets Act – Overview
- Advantages for Trade Secret Owners
- Uniformity and Other Limitations
- Sanctions for Non-Compliance with New Trade Bills
- Inevitable-Disclosure Doctrine
Agenda:
Robert B. Milligan, Partner
Seyfarth Shaw LLP
- Current state of law for protection of trade secrets and computer fraud
- Historical overview
- Current holes in existing legal framework that may need legislative solution
Kristi A. Davidson, Shareholder
Buchanan Ingersoll and Rooney P.C.
- History of trade secret legislation and how we got here
- What the House and Senate bills provides
- Pros and cons
Alan Albright, Partner
Sutherland, Asbill & Brennan LLP
- History of Computer Fraud and Abuse Act legislation and how we got here
- The various proposals, including Obama’s proposed revisions, provide
- Pros and Cons
Paul R. Monsees, Partner
Foley & Lardner LLP
- Steps employers can take to enhance trade secret protection when hiring and terminating employees
- Steps employers can take to enhance ability to use Computer Fraud and Abuse Act
- Importance of trade secret protection arising out of narrowed patent protections
- Impact of social media on trade secret protection
- What constitutes “reasonable efforts” to maintain the confidential nature of information claimed as a trade secret.
- Business considerations in deciding whether file suit to pursue trade secret misappropriation
Who Should Attend:
- Attorneys (Trade Practice)
- Public and Private Companies
- Multinational Companies
- Trade Counsel
- Trade Specialists
- Top Level Management
- Risks Officers and Administrators
- Risks Analysts
- Other Related/Interested Professionals and Organizations
Mr. Milligan is a partner in the Litigation and Labor & Employment Departments of Seyfarth Shaw LLP. Mr. Milligan co-chairs …
Clients rely on Kristi A. Davidson’s skills, business savvy and dedication to their interests to guide them through high-pressure situations …
Alan Albright joined Sutherland in April of 2014. He was formerly a Magistrate Judge in the Western District of Texas, …
Paul R. Monsees is a partner and litigation lawyer with Foley & Lardner LLP in Washington, D.C. He has extensive …
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-demand Webcast (CLE)
Prerequisite:
NONE
Course Code:
145126
NASBA Field of Study:
Business Law
NY Category of CLE Credit:
Skills
Total Credits:
2.0 CLE
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SPEAKERS' FIRMS:
About Seyfarth Shaw LLP
Seyfarth Shaw LLP has more than 800 attorneys across 13 markets in the U.S. and internationally. We advise clients in practice areas including labor and employment, employee benefits and executive compensation, corporate (including M&A, capital markets, venture and private equity), commercial and employment litigation, construction, real estate, environmental, intellectual property, government contracts, tax, trusts and estates, and workouts and bankruptcy, among others. We represent clients of all sizes across all industries and provide excellent legal service, sophisticated technology and process improvement solutions and ongoing support to each client regardless of size, jurisdiction, industry or legal needs.
Our success is the result of a constant, unrelenting focus on the needs of our clients. Our commitment to excellence and our belief in the strength of a team-based approach to the delivery of our services offers an atmosphere of creative and innovative thinking.
Our clients are our partners in business and we are committed to listening to their needs and to aligning the skills and abilities of our people to respond to those needs. Our clients range from Fortune 100 to midsize companies, and include publicly traded and privately held companies and various types of funds. We represent clients of all sizes across all industries and we are diligent in providing the same level of commitment to each client.
Recently, BTI Consulting Group recognized Seyfarth as one of the nation’s best law firms for client service in its 2014 BTI Client Service A-Team Report, which ranks firms based on client feedback. Seyfarth was praised in nearly every category for our “quality” and “excellent track record,” our ability to “get results” and “offer good advice,” and our use of a “billing model that’s innovative”, all demonstrating our commitment to delivering greater client value.
The firm is a recognized leader in delivering value and innovation in legal services, and our acclaimed SeyfarthLean® client service delivery model, which combines the core principles of Lean Six Sigma process improvement methodology with robust technology solutions, project management techniques and alternative fee structures, has earned numerous accolades from a variety of highly respected third parties, including industry associations, consulting firms and media.
Website: https://www.seyfarth.com/
About Buchanan Ingersoll and Rooney P.C.
It’s time for clients to know greater service, know greater efficiency, know greater value and know greater partnership.
Since its inception in 1850, Buchanan Ingersoll & Rooney has been dedicated to providing client service and partnership marked by legal excellence, sound judgment and understanding of clients' needs, direct and honest communication and common-sense practice. With approximately 530 attorneys in the firm, Buchanan covers all the bases: business organizations, finance, litigation, intellectual property, business and personal tax, government relations, creditors' rights, labor and employment, immigration, individual planning, government contract law and commercial contracts. Buchanan may be a large law firm, but it takes a personal approach to getting to know every client, allowing each client’s priorities to guide its resourceful, seasoned counsel and advice. Buchanan pair this knowledge with its understanding of the numerous industries Buchanan serves, including: financial services, health care, energy and natural resources, manufacturing, consumer products, entertainment and media, pharmaceuticals, real estate, and technology.
Website: https://www.bipc.com/
About Sutherland, Asbill & Brennan LLP
Sutherland is an international legal service provider composed of associated legal practices that are separate entities, doing business in the U.S. as Sutherland Asbill & Brennan LLP and as Arbis Sutherland LLP in London and Geneva. More than 435 lawyers help the world's largest companies, industry leaders, sector innovators and business entrepreneurs solve their biggest challenges and reach their business goals. Seven major practice areas-corporate, energy and environmental, financial services, intellectual property, litigation, real estate and tax-provide the framework for an extensive range of focus areas.
Website: https://www.sutherland.com/
About Foley & Lardner LLP
With offices throughout the United States and across the globe and nearly 1,000 attorneys, Foley combines powerful resources and award-winning client service to help you achieve your business objectives efficiently. We draw on the legal knowledge and hands-on industry experience of attorneys in more than 60 practice areas to provide the full spectrum of legal services — any of which can be tailored to meet your unique challenges.
Recognition. Foley has been recognized in a survey of Fortune 1000 corporate counsel as an elite BTI Client Service 30 for 12 years — one of only 11 law firms to hold this distinction for more than 10 years. In 2014, Foley was recognized by Chambers USA: America’s Leading Business Lawyers in more than 20 different specialty areas. We are perennial selections by Legal 500 and Best Lawyers, as well.
Website: https://www.foley.com/