Defend Trade Secrets Act Litigation in the 2018 Landscape: Understanding New Trends and Developments
The past years have seen the increasing popularity of Defend Trade Secrets Act (DTSA) litigation. Federal trade secret cases have increased annually from 2001 to 2012 by 14 percent. According to a number of studies from 2001 to 2015, at least 50 percent of both federal and state trade secrets litigation tend to concern software and technical know-how.
The unceasing evolution of today’s legal and technological landscapes implies that the rise of trade secrets litigation will continue to gain importance in the foreseeable future. Companies should be mindful of the risks involved in the transfer of confidential information. They should also be cognizant of recent DTSA trends and cases to better defend their intellectual property rights.
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 bringing or defending against DTSA litigation and as they delve into the depth-analysis of the current trends and recent court rulings involving trade secrets. Speakers will also provide the audience with practical strategies in bringing out the best in these lawsuits in a rapidly evolving legal climate.
Key topics include:
- Increasing Popularity of Trade Secret Litigation: Key Driving Factors
- Recent DTSA Litigation Trends
- Current Issues and Developments
- Notable Cases
- Bets Litigation Strategies
- What Lies Ahead
William Collins, Jr., Partner
Burr and Forman
- Overview of provisions of the Defend Trade Secrets Act
- Key differences between the DTSA and the Uniform Trade Secrets Act
- Analysis of key case law analyzing and applying the DTSA
Robert Milligan, Partner
Seyfarth Shaw LLP
- Seeking customer and competitive restrictions as part of a DTSA order;
- Seeking greater identification of trade secrets in complaint;
- Bringing claims in federal court
Thomas Dye, Member
- Make it a more intermediate course
- Taking some topics into more depth, such as:
- Inevitable disclosure doctrine issues under DTSA
- Recent case law in other sub categories
Shawn Fox, CPA/ABV, CFA, ASA, Managing Director, Dispute Advisory Services
Key Considerations in Calculating Damages in Misappropriation of Trade Secrets Cases
- Monetary damages remedies available for these types of claims (Defend Trade Secrets Act, State/Uniform Trade Secrets Acts, Unjust Enrichment, Computer Fraud and Abuse Act, and Stored Communications Act)
- Plaintiff’s actual loss (making the plaintiff “whole”)
- Defendant’s unjust enrichment (measuring the financial gain realized by the defendant)
- Valuation of trade secrets or confidential information
- Reasonably Royalty
- Defendant's rebuttal strategies for plaintiff's damages
- Managing the Daubert risk on plaintiff’s damages expert’s opinions
- Observations from Waymo v. Uber and dealing with challenging cases when the technology has significant value at an early stage of development
- whistleblower issues
- removal issue
- complex legal claims
- identifying the trade secret with specificity
- possibly more of the new areas.
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
Chip Collins is a partner and business litigator in the Atlanta office of Burr & Forman LLP. His practice is largely focused on litigating and arbitrating non-compete and trade secret disputes, counseling employers and executives on unfair competition issues, and drafting employment and severance agreements. Chip is a frequent commentator on non-compete and trade secret issues, having been featured in publications including the Atlanta Business Chronicle, Attorney at Law, and Business to Business, and he started his firm’s unfair competition blog (noncompetetradesecretslaw.com), to which he is a contributor. He has presented seminars on trade secret and non-compete law for The Knowledge Group and ICLE in Georgia, and he has been a guest lecturer on non-compete and trade secret issues at the Emory University School of Law for the last four years. Chip has been involved in the creation of both the noncompete/trade secrets and cybersecurity service groups at his firm.
Chip Collins is a partner and business litigator in the Atlanta office of Burr & Forman LLP. His practice is …
Robert B. Milligan is a partner in the Litigation and Labor & Employment Departments of Seyfarth Shaw LLP. Robert co-chairs the firm's national 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. His practice focuses on trade secret, non-compete, and data protection litigation and transactional work on a state, national, and international platform. Robert 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. Robert also provides advice to clients concerning a variety of business and employment matters, including non-disclosure, non-compete, and invention assignment agreements, corporate investigations, and trade secret and intellectual property audits.
Robert B. Milligan is a partner in the Litigation and Labor & Employment Departments of Seyfarth Shaw LLP. Robert co-chairs …
Thomas A. Dye is a nationally recognized intellectual property and commercial litigator with extensive first chair jury trial experience. Mr. Dye regularly litigates issues related to trade secrets and non-compete agreements, patents, copyrights and trademarks, breach of fiduciary duty, contract disputes and unfair and deceptive trade practices. He has been a leader in the ABA Litigation Section where he has lectured on trade secrets and other litigation topics. He served as vice-chair of the ABA Business Torts Committee and edited the Business Torts Journal.
Mr. Dye has also lectured at the American Intellectual Property Law Association Annual Meeting, the Florida Bar Annual Conference, the IBM Legal Summit, and for the National Institute on Trial Advocacy. He also has been an instructor in trial advocacy at the University of Miami. Mr. Dye has been named to the Best Lawyers in America, Florida Super Lawyers and Florida Legal Elite lists.
Thomas A. Dye is a nationally recognized intellectual property and commercial litigator with extensive first chair jury trial experience. Mr. …
Shawn Fox is a managing director in the dispute advisory practice of Sikich LLP. He has more than 20 years of experience providing forensic accounting and dispute advisory services to the business and legal community. As a certified public accountant, Shawn provides dispute advisory services, fraud and forensic accounting investigative services, and valuation services to organizations and their counsel. With significant experience in the preparation of expert reports, Shawn assists clients in all phases of complex litigation, including case assessments, discovery, document review, damages analysis, complex modeling, and demonstrative exhibits.
He has testified in more than 40 different cases at deposition, trial, and arbitration as an expert witness and has served as a court-appointed receiver. Shawn has been qualified as an expert witness in federal district and bankruptcy courts and state courts across the U.S.
Shawn’s intellectual property litigation case experience includes matters involving lost profits, reasonable royalty, incremental profits, fixed and variable costs, product line profitability, valuation, diminution in value, unjust enrichment, and apportionment. He has worked on litigation matters involving misappropriation of trade secrets, patent infringement, trademark infringement, trade dress infringement, copyright infringement, false advertising, unjust enrichment, breach of license/technology agreement, and transfer pricing.
Shawn Fox is a managing director in the dispute advisory practice of Sikich LLP. He has more than 20 years …
Print and review course materials
Method Of Presentation:
On-demand Webcast; Group-Internet Based
Experience in trade secrets law
NY Category of CLE Credit:
Areas of Professional Practice
NASBA Field of Study:
Business Law - Technical
2.0 CLE; 2.0 NASBA-CPE
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About Burr and Forman
Burr & Forman’s experienced legal team serves clients with local, national, and international legal needs. With particular industry strengths in the financial services, health care and manufacturing sectors, our attorneys draw from a diverse range of backgrounds and experience to serve as trusted business advisors and legal counsel to help clients achieve their goals. Burr & Forman is a Southeast regional firm with 300 attorneys and 12 offices in Alabama, Delaware, Florida, Georgia, Mississippi, North Carolina and Tennessee.
About Seyfarth Shaw LLP
At Seyfarth Shaw, we are leading the way to deliver legal services more effectively, more efficiently, more transparently. Seyfarth Shaw LLP provides thoughtful, strategic, practical legal counsel to client companies and legal teams of all sizes. With more than 900 attorneys in the U.S., London, Shanghai, Hong Kong, Melbourne and Sydney, we offer a national platform and an international gateway to serve your changing business and legal needs in litigation, employment, corporate, real estate and employee benefits.
We have gained acclaim for our innovative SeyfarthLean® client service model, which incorporates the core principles of Lean Six Sigma to the delivery of legal services, and we continue to develop new reporting and project management tools for greater transparency and collaboration with our clients.
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About Cozen O'Connor
Ranked among the top 100 law firms in the country, Cozen O’Connor has more than 600 attorneys in 24 cities across two continents. We are a full-service firm with nationally recognized practices in litigation, business law, and government relations, and our attorneys have experience operating in all sectors of the economy. Our diverse client list includes global Fortune 500 companies, middle-market firms poised for growth, ambitious startups, and high-profile individuals.
About Sikich LLP
Sikich LLP, a leading professional services firm specializing in accounting, technology, investment banking and advisory services, has more than 750 employees throughout the country. Founded in 1982, Sikich now ranks as one of the country’s Top 35 Certified Public Accounting firms and is among the top 10 of all enterprise resource planning solution partners in the country. From corporations and not-for-profits to state and local governments, Sikich clients can use a broad spectrum of services and products that help them reach long-term, strategic goals.