The Defend Trade Secrets Act (DTSA): 2017 Litigation Trends, Updates and Developments
The Defend Trade Secrets Act (DTSA) of 2016 has created a new federal civil cause of action for trade secret misappropriation and provided trade secret owners with the ability to request for an ex parte seizure under certain circumstances. Since its enactment in May 2016, hundreds of DTSA claims have been filed throughout the country which will undoubtedly have a profound impact on trade secret cases in 2017 and beyond. Unquestionably, US companies will continue to face an increasing threat of cyberattacks from rival companies and foreign governments and the likely targets are trade secrets and other sensitive business information. Since many US companies have overseas operations, the threat of trade secret theft is on the rise which may result to billion-dollar intellectual property (IP) theft losses.
An increase in criminal enforcement efforts is also expected as President Trump emphasizes the value he gives on IP protection. In this LIVE Webcast, a panel of distinguished professionals and thought leaders organized by The Knowledge Group will help the audience understand the recent legal trends and developments involving trade secrets and will provide a comprehensive outlook for the year ahead. The panel will also offer expert thoughts on recent litigation trends and cases and will also underscore best practices in protecting trade secrets.
Key topics include:
- Defend Trade Secrets Act: An Overview
- DTSA in the 2017 Landscape
- Trade Secret: Current Legal Trends and Developments
- Trade Secret Protection under the Trump Administration
- Ex Parte Applications
- Trade Secret and Non-Compete Law
- Impacts and Implications to Employers
- Litigation Strategies
- New Immunity for Whistleblowers
- Recent Cases and Hot Topics
- Best Compliance Practices
- Identifying Civil Remedies
- Ways to Mitigate Trade Secrets Misappropriation
- Legislative Outlook
Bradford K. Newman, Partner
Paul Hastings LLP
Emma R. Wolfe, Associate
Dickinson Wright PLLC
Bret A. Cohen, Partner
Nelson Mullins Riley & Scarborough LLP
The Defend Trade Secrets Act Of 2016: Update One Year Later
- Background of Legislation and Differences from Uniform Trade Secret Act
- Key Provisions of the DTSA
- Basic Requirements for a Complaint
- Injunctive Relief
- Immunity Provision
- The DTSA’s Seizure Provision: In Practice
- Requirements to Invoke Seizure Provision
- Potential Pitfalls
- General Trends
- Exceptional Circumstances
- Additional Issues That Federal Courts Are Encountering
- Jurisdiction Over Actions Taken Before May 11, 2016 – the Continuing Misappropriation Theory
- Application of the Inevitable Disclosure Doctrine
- Use of the UTSA as analogous case law in the absence of DTSA guidance or jurisprudence
- Federal Court Jurisdiction in Trade Secrets Cases: Pros & Cons
- Best Practices in the Wake of the DTSA
- Optimal Pleading Practices
Who Should Attend:
- Trade Practicing Lawyers
- Trade Counsel
- Trade Specialists
- Trade Secret Owners
- Public and Private Companies
- Multinational Companies
- In-house Counsel
- Business Executives
- Top Level Management
- Other related/interested Professionals and Organizations
Bradford Newman founded and leads Paul Hastings’ International Employee Mobility and Trade Secret practice. According to Chambers, he is a recognized “authority on trade secret cases.” Mr. Newman is the author of Protecting Intellectual Property in the Age of Employee Mobility: Forms and Analysis, a comprehensive treatise published by ALM that offers authoritative guidance on legal risks and practical steps companies can take to protect their IP and remedy IP theft. He chairs the Firm’s Silicon Valley Employment Law practice and has served as the past chair of the ABA Employment Litigation Subcommittee (Business and Commercial Litigation Section). In connection with his national practice spanning many industries, Mr. Newman routinely serves as lead trial counsel in cases with potential eight and nine-figure liability, and has successfully litigated (both prosecuting and defending) a broad spectrum of trade secret and employee mobility cases in state and federal courts throughout the country.
Bradford Newman founded and leads Paul Hastings’ International Employee Mobility and Trade Secret practice. According to Chambers, he is a …
Bret Cohen is a partner in Nelson Mullins Riley & Scarborough LLP’s Boston office where he co-chairs the Labor and Employment Practice. His practice covers a range of industries in the drafting and enforcement of non-compete, confidentiality, and other employment-related agreements throughout the United States. He has also represented individual employees, typically high level executives, in such matters on behalf of the companies who seek to hire them. Mr. Cohen’s practice has also regularly involved advising public company executives on terminations and employment issues and providing advice on a range of matters involving employment agreements, termination of high level executives, worker classification, deal diligence, and hiring oversight and best practices. His practice covers both the negotiation and drafting of relevant agreements and the regular enforcement in litigation of the claims of employers seeking to enforce those agreements.
Bret Cohen is a partner in Nelson Mullins Riley & Scarborough LLP’s Boston office where he co-chairs the Labor and …
A commercial litigation attorney, Ms. Wolfe’s practice includes the representation of clients in a wide variety of complex business and commercial litigation matters. Specifically, Ms. Wolfe focuses on trade secret and unfair competition litigation. She has represented clients in a number of federal and state courts, both prosecuting and defending claims of misappropriation of trade secrets, false advertising, trademark dilution and unfair competition. Ms. Wolfe also has extensive knowledge about intricate and complex class action, procedural and eDiscovery issues. In addition to the foregoing, her litigation experience includes matters related to commercial and residential real estate, leasehold disputes, environmental and toxic tort litigation, trusts and estate litigation, lender liability, as well as many other general business and contract disputes.
A commercial litigation attorney, Ms. Wolfe’s practice includes the representation of clients in a wide variety of complex business and …
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Method of Presentation:
Experience in trade secrets law
NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
Areas of Professional Practice
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About Paul Hastings LLP
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About Dickinson Wright PLLC
Dickinson Wright PLLC is one of the fastest growing law firms in North America, with 18 offices in the U.S. and Canada. We have more than 450 lawyers that provide elite client service in more than 40 practice areas to a broad range of business and governmental entities. From the largest Fortune 500 companies to small and emerging businesses, state and local governments, non-profits and individuals, each client benefits from the depth of our experience, the breadth of our expertise and our focus on providing personalized service. No client is the same, and we don’t treat them as such. We focus on the individual needs of each client and work to create legal solutions to satisfy those needs. Our lawyers are respected by their peers, honored by industry endorsements and recognized through significant appointments throughout the legal industry.
Dickinson Wright has office locations in Arizona, Florida, Michigan, Ohio, Kentucky, Nevada, Tennessee, Texas, Washington D.C. and Toronto, Ontario.