Trade Secrets Protection Act & Defend Trade Secrets Act: 2015 Updates
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
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 the firm's Trade Secrets, Computer Fraud & Non-Competes practice group. His practice encompasses a wide variety of commercial litigation and employment matters, including general business and contract disputes, unfair competition, trade secret misappropriation and other intellectual property theft, franchise litigation, real estate litigation, insurance bad faith, invasion of privacy, consumer and employee class actions, wrongful termination, discrimination and harassment claims, wage and hour disputes, ADA and OSHA compliance, whistleblower and SOX cases, bankruptcy, and other business torts. His practice focuses on trade secret, non-compete, and data protection litigation and transactional work on a state, national, and international platform.
Mr. Milligan represents clients in state and federal courts in complex commercial litigation and employment litigation. His experience includes trials, binding arbitrations and administrative hearings, mediations, as well as appellate proceedings. Mr. Milligan also provides advice to clients concerning a variety of business and employment matters, including non-disclosure, non-compete, and invention assignment agreements, corporate investigations, trade secret and intellectual property audits, commercial landlord/tenant disputes, ADA and OSHA compliance, and an assortment of franchise and bankruptcy issues.
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 where rapid and creative solutions are key. When business goals cannot be accomplished and disputes cannot be resolved, Kristi advocates for her clients in court. As counselor, advisor and advocate, in meeting rooms and in court rooms, Kristi partners with clients to help position them for the best possible outcome. Kristi co-leads Buchanan Ingersoll & Rooney PC’s Consumer Products Group and has been a regular contributor to Home Furnishing News Magazine. Kristi’s other clients are leaders in the financial services, investment and life sciences sectors. In 2011, 2012, 2013 and 2014, Kristi was selected to New York - Metro Area Super Lawyers® Rising Stars, placing her in the top 2.5 percent of business litigators in New York City.
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, and has a remarkable track record of success in Eastern District of Texas, which apparently is where a lot of patent litigation occurs. He has tried patent cases in several divisions in the Eastern District of Texas, including Marshall, Sherman, and Tyler. For example, he tried a case in Marshall to verdict in November of 2014 on behalf of Newegg, and recently arranged a very favorable settlement for another client in another Marshall case. He defended Overstock.com. in the Tyler division in a three-patent suit two years ago and not only did he win a defense verdict on all three patents but he also invalidated one of the plaintiff’s asserted patents. He successfully represented Microtune as a plaintiff in a competitor suit in a patent jury trial against Broadcom that was filed in Sherman.
Alan also has tried cases in courts across the country, including in Washington State, where he is also admitted to practice. He was one of the lead trial attorneys for Microsoft in the Alcatel-Lucent litigation in San Diego. He recently won a $96 million jury verdict for medical research company in Tacoma, Washington that resulted in a settlement of $70 million. He was one of the lead trial counsel for HP in the summer of 2014 in the bench trial in Chicago related to FRAND royalty rates. He has been lead counsel in a half dozen ITC cases on both sides of the docket. He has represented clients in a number of tutorial and markman hearings. He has tried patent jury trials in Boston and Austin, Texas as well.
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 experience analyzing, litigating and resolving complex commercial disputes including to represent clients in matters concerning employment and competition such as internal investigations, breaches of fiduciary duty, corporate and law firm successor liability, misappropriation of trade secrets, breach of non-disclosure and non-solicitation agreements, data breach issues, breach of medical practice management contracts, tortious interference with contractual relations and other business torts. Mr. Monsees is a member of the firm’s Business Litigation & Dispute Resolution Practice, Insurance & Reinsurance Industry Team, Insurance & Reinsurance Litigation Practice, Labor & Employment Practice and its Trade Secret/Noncompete Specialty Practice. He is also a regular contributor to the Firm’s thought leadership including about trade secret protections, whistleblower claims and employment discrimination. He is chair of the firm’s Washington, D.C. Litigation Department.
Mr. Monsees represents employers in a broad array of employment issues. When resolution cannot be achieved, Mr. Monsees has litigated employment disputes in federal and state courts and before the EEOC and comparable state employment agencies consistent with the company’s business goals and objectives.
Paul R. Monsees is a partner and litigation lawyer with Foley & Lardner LLP in Washington, D.C. He has extensive …
Print and review course materials
Method of Presentation:
NASBA Field of Study:
NY Category of CLE Credit:
Unlock All The Knowledge and Credit You Need
Leading Provider of Online Continuing Education
It's As Easy as 1, 2, 3
Get Your 1-Year All Access Pass For Only $199
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.
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.
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.
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.