The Defend Trade Secrets Act: Rising Developments and Trends Employers Should Know
Since the passage of the Defend Trade Secrets Act (DTSA) in 2016, there has been a significant increase in trade secret litigation. An overlap between lawsuits involving trade secret claims and other claims, particularly those that include breach of contract or business tort, has been observed.
However, although the DTSA is an effective tool for employers when resolving trade secret disputes, they must be aware of its limitations. The DTSA does not relieve employers from the courts’ scrutiny of the steps they implemented to prevent trade secret misappropriation. As case law with respect to the DTSA develops, companies must remain vigilant in protecting their trade secrets.
Join a panel of key thought leaders assembled by The Knowledge Group as they bring the audience to a road beyond the basics of trade secrets and as they delve into the rising DTSA developments and trends. Speakers will also provide the audience with practical defense strategies in light of the recent updates.
Key topics include:
- The DTSA: Overview
- Emerging Developments and Trends
- Notable Case Rulings
- The DTSA as an Effective Tool
- Litigation Risks and Pitfalls
- Practical Strategies for Employers
Frank J. West, Of Counsel
Oblon, McClelland, Maier & Neustadt LLP
- Short Introduction/Overview of Defend Trade Secrets Act of 2016 (DTSA)
- Successfully pleading a DTSA claim to avoid dismissal
- Damages under DTSA vs. State Law
- DTSA Violations as Predicate Acts for Civil RICO Claims
Nicholas W. Armington, Associate
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo PC
- Application of the Defend Trade Secrets Act (DTSA) overseas and at the International Trade Commission
- Use of the DTSA ex parte civil seizure mechanism, and use of Fed. R. Civ. P. 65 to request seizure under the DTSA
- The inevitable disclosure doctrine under the DTSA
- What constitutes “reasonable measures” under the DTSA to keep information secret
- The DTSA whistleblower immunity provision and its relationship to the ability to seek exemplary damages and attorney’s fees under the DTSA
Frank West is a Certified Licensing Professional and a 20+ year veteran of patent and trade secret litigation, focusing on the Life Sciences and Hatch-Waxman Act cases. Mr. West counsels international and domestic clients regarding intellectual property protection and enforcement, licensing and due diligence matters. He is cognizant that intellectual property rights are business tools that must be obtained and deployed strategically to achieve a seamless integration of intellectual property rights with each client’s business objectives to obtain the maximum return on investment.
Mr. West represents clients in state and federal courts and before the United States International Trade Commission and arbitration tribunals. While his focus has been in the Life Sciences area, Mr. West has represented clients in a wide range of technologies, ranging from cosmetics to coated glass to wireless communication devices.
Frank West is a Certified Licensing Professional and a 20+ year veteran of patent and trade secret litigation, focusing on …
Nicholas Armington is an attorney in the Boston office of Mintz, Levin, Cohn, Ferris, Glovsky, and Popeo P.C. His intellectual property practice focuses on patent and trade secret litigation, and he has experience representing clients in both the International Trade Commission and United States District Courts, and has done work in a variety of technology areas, including networked devices, semiconductors, converged devices, LED lighting, and electric motors. In addition to his litigation experience, Nicholas advises clients concerning IP portfolio valuation and best practices for maintaining trade secret protection for valuable confidential information. Nicholas has written extensively on the Defend Trade Secrets Act with regard to its application and to emerging issues in trade secret law and has been published in Bloomberg BNA’s Daily Labor Report, and the American Bar Association’s Business Law Today, among other publications. Nicholas has also spoken on numerous occasions regarding the DTSA and its application.
Nicholas is a graduate of Williams College and Northeastern University School of Law. While attending law school, he worked as a judicial intern for Hon. Ralph D. Gants, Chief Justice of the Massachusetts Supreme Judicial Court, and Hon. Patti B. Saris, Chief Judge of the United States District Court, District of Massachusetts.
Nicholas Armington is an attorney in the Boston office of Mintz, Levin, Cohn, Ferris, Glovsky, and Popeo P.C. His intellectual …
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Method Of Presentation:
General knowledge of trade secret law
NY Category of CLE Credit:
Areas of Professional Practice
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About Oblon, McClelland, Maier & Neustadt LLP
Protecting the world’s innovators for 50 years, Oblon is one of the largest intellectual property law firms in the United States. We provide comprehensive protection for our clients’ intellectual property from inception through enforcement and life cycle management. Taking the time to understand our clients’ businesses and their objectives, we build lasting relationships that utilize our client’s innovations to advance their business objectives. Recognizing that information is valuable, we realize that sometimes the best protection is not a public right, but by keeping information secret. Our team of seasoned professionals can advise when trade secrets provide the best protection and craft strategies to protect and enforce those trade secrets to safeguard your innovations long into the future.
About Mintz, Levin, Cohn, Ferris, Glovsky and Popeo PC
Mintz’s interdisciplinary team of intellectual property, employment, and litigation attorneys delivers exceptional counsel and representation on issues related to protecting intellectual capital. Our attorneys are experienced in litigating claims involving unfair competition, breach of contract, and noncompete agreements. And we have the technical capabilities and industry experience to litigate the complex scientific and technology issues that are often at the core of trade secret disputes.
Established in 1933, Mintz is a versatile law firm with 500 lawyers serving clients worldwide. Applying a cross-disciplinary team approach, we bring attorneys from many different yet complementary areas together to address the rapidly changing legal and regulatory requirements of a wide variety of industries.