The Defend Trade Secrets Act in the 2019 Landscape: Managing and Securing Your Trade Secrets
The enactment of the Defend Trade Secrets Act (DTSA) in 2016 has provided federal jurisdiction for trade secrets claims, which allowed owners with misappropriated trade secrets to file complaints in the federal court. Since its passage, a notable rise of trade secrets claims has been reported with 1, 134 cases in 2017 from the average number of 900 cases filed in the previous years. It is possible that this might upsurge in the unpredictable future; thus, businesses must keep abreast of the recent developments in the DTSA. They must proactively review their procedures and safeguard their sensitive documents by ensuring intellectual property protection to avoid trade secrets liabilities.
Join a panel of key thought leaders and professionals assembled by The Knowledge Group as they bring the audience to a road beyond the basics of Defend Trade Secrets Act in the 2019 landscape. Speakers will provide an in-depth analysis of the DTSA litigation trends and developments. They will also present risk issues and share best strategies in managing trade secrets to prevent pitfalls.
This LIVE webcast will discuss the following key provisions:
- The Defend Trade Secrets Act – An Overview
- Recent DTSA Litigation Trends and Developments
- Notable Court Rulings
- Risk Issues and Pitfalls
- Best Strategies in Managing Trade Secrets
- What Lies Ahead?
David L. Pardue, Partner
Owen Gleaton Egan Jones Sweeney, LLP
Reginald R. Goeke, Partner
John Stone, Partner
DeCotiis, FitzPatrick, Cole & Giblin, LLP
- Trade secret litigation in the federal courts is growing three years after the passage of the DTSA. Data from various sources reflect a marked uptick in DTSA litigation in the Federal Courts. Lex Machina estimates that trade secret cases in federal court have increased by 30% since the DTSA was passed. Other sources suggest that the number of trade secret claims brought in federal court more than doubled between 2016 and 2018.
- Adequately identify the trade secret when bringing an action. The willingness of the Court to rule on the issue may depend on the Court in which the action is brought. Courts are also focusing on the extent to which a company has taken adequate precautions to protect its claimed trade secrets. In Yellowfin Yachts v. Barker Boatworks, the Eleventh Circuit affirmed summary judgment where the plaintiff failed to instruct its employee to secure company information on his personal devices, and allowed the defendant to access information after he refused to sign a confidentiality order. Similarly in Call Onc v. Anzine, the district court granted summary judgment because the plaintiff company failed to label information at issue as confidential. Companies need to make sure they follow through on obtaining confidentiality agreements from employees, consistently identifying confidential information as such, and taking steps to protect that confidentiality.
- To prove use of the trade secret, most believed that the DTSA had foreclosed the “inevitable disclosure doctrine,” but recent cases have suggested that in practice courts are still willing to apply that doctrine.
- Applying for interim relief (pleading and other submissions, TRO’s preliminary injunctions, preservation orders, seizure)
- Final remedies, including damages, royalties, and permanent injunctions.
- Trade secret asset management and audit.
Who Should Attend:
- Company Owners
- Trade Practicing Lawyers
- Trade Secret Specialists
- Trade Counsel
- In-house Counsel
- Business Executives
- Top Level Management
- Public and Private Companies
- Other related/interested Professionals and Organizations
David Pardue has practiced for over 25 years focusing on business, intellectual property and employment litigation. Mr. Pardue has represented large and small companies in disputes involving contracts, fraud, trade secrets, trademark, copyright, employment and business torts. He has handled cases in numerous state and federal courts around the country, as well as arbitrations. Clients have included Fortune 100 corporations as well as small family businesses.
Mr. Pardue is admitted to practice in all Georgia state courts as well as the United States District Court, Northern, Middle and Southern Districts and the Eleventh Circuit. He has been recognized as a “Georgia Super Lawyer” for 8 years and has been named to Georgia Trend Magazine’s “Legal Elite” in several times.
Mr. Pardue obtained his undergraduate degree in History from Tulane University, summa cum laude, Phi Beta Kappa with departmental honors. He graduated from Yale Law School in 1993 and was an editor of the Yale Journal on Regulation. He served as a law clerk for the Honorable R. Lanier Anderson, III of the Eleventh Circuit of the United States Court of Appeals from 1993 to 1994.
Mr. Pardue is also the author of the blog Trade Secrets and IP Today.
Mr. Pardue is a member of several professional organizations including the State Bar of Georgia Trial and Intellectual Property Sections, and the American Bar Association Litigation and Intellectual Property Sections. He recently served on Trade Secret Committee of the Georgia Bar Intellectual Property Section and Vice-Chair of the Business Litigation and Employment Committee of the American Bar Association Tort and Insurance Practice Section.
David Pardue has practiced for over 25 years focusing on business, intellectual property and employment litigation. Mr. Pardue has represented …
Reginald Goeke is a skilled commercial trial lawyer who represents multinational corporations in complex disputes, including trade secret disputes, complex contract actions, intellectual property matters, false claims act matters, joint venture, post-acquisition and real estate disputes. He is the co-leader of Mayer Brown’s Commercial Litigation practice, and co-leader of its Litigation and Dispute Resolution practice in the Washington DC office. He has tried multiple cases to judgment in jury trials, bench trials and arbitrations, and has also represented clients before federal agencies, including the SEC, the US DOJ, HUD, the CFPB, the DOL and the US International Trade Commission.
Reginald Goeke is a skilled commercial trial lawyer who represents multinational corporations in complex disputes, including trade secret disputes, complex …
John Stone is a partner in DeCotiis’ New Jersey and New York offices. Mr. Stone’s practice focuses on complex business matters, including trade secret and other intellectual property litigation, and unfair competition and tortious interference claims, as well as construction and land use disputes, insurance coverage cases, and intra-company disputes. …
Mr. Stone received his B.A. from Franklin & Marshall College, his J.D. from the University of Richmond, Virginia, and studied International Law at Cambridge University. Mr. Stone has given Continuing Legal Education seminars on trade secrets, trade dress, and theft-of-ideas, and is co-chair of the ABA’s Trade Secrets Subcommittee, and co-editor of the ABA’s Intellectual Property Newsletter.
John Stone is a partner in DeCotiis’ New Jersey and New York offices. Mr. Stone’s practice focuses on complex business …
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Experience in trade secrets law
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