The Defend Trade Secrets Act of 2016: Securing Your Trade Secrets
In early 2016, President Obama enacted into law the Defend Trade Secrets Act of 2016 (DTSA) that amends the Economic Espionage Act of 1996 (EEA). The new federal jurisdiction for trade secret theft expands trade secret protection and creates a new federal cause of action for trade secret misappropriation. Moreover, the DTSA allows owners to seek nationwide relief and avoid the challenges of working through differing state trade secret laws.
Also, the DTSA reflects the current provisions of the Uniform Trade Secrets Act (UTSA) to provide an improved uniformity in enforcing, protecting, and valuing trade secret technology.
In this LIVE Webcast, a panel of thought leaders and professionals assembled by The Knowledge Group will provide the audience with an in-depth analysis of the fundamental framework of the Defend Trade Secrets Act (DTSA) of 2016. Speakers will present their expert thoughts and opinions on how to best comply with the requirements of the new legislation to avoid potential risks and pitfalls.
Key topics include:
- The Defend Trade Secrets Act of 2016 - Framework
- Procedural and Legal Considerations
- Civil and Criminal Liabilities
- Challenges in Protecting Trade Secrets
- Consequences and Remedies for Trade Secret Misappropriation
- Statute of Limitations Issues
Randall E. Kahnke, Partner
Faegre Baker Daniels
- High-level background on the UTSA/pre-existing law
- History of the DTSA and related legislation
- Key goals of the legislation
- Key criticisms of earlier versions of the legislation
- Overview of key practical aspects of the DTSA as adopted
James D. McNairy, Partner
Seyfarth Shaw LLP
- Whistleblower notice requirements
- To whom/what agreement types it applies
- Language to be used
- Consequences of failure to include
- Decisions to date related to whistleblower requirement
- What 2017 and beyond are likely to bring as it relates to whistleblower; whistleblower best practices
Warren Braunig, Partner
Keker & Van Nest LLP
- Ex parte seizure
- Other forms of injunctive relief
- Inevitable disclosure doctrine
- Litigation Strategy Issue
Adam Gershenson, Attorney
- Jurisdictional questions (federal vs state etc.)
- Declaratory relief actions
- pros and cons of federal jurisdiction
- key steps to protect your trade secrets
- Ownership of Trade Secrets
Who Should Attend:
- Trade Practicing Lawyers
- Employment Lawyers
- Trade Counsel
- Trade Specialists
- Trade Secret Owners
- Public and Private Companies
- Multinational Companies
Jim McNairy is a partner in the Litigation and Labor and Employment Departments of Seyfarth Shaw LLP, and is a member of Seyfarth Shaw’s Trade Secrets Practice Group, ranked “Tier 1” in 2016 by Legal 500. He specializes in the protection and enforcement of intellectual property rights, including matters involving trade secret, non-compete, computer fraud, unfair competition, and related business tort claims. Mr. McNairy has represented Fortune 500 companies in some of their most challenging and significant engagements in these areas. He also provides advice to clients concerning best practices for protecting and enforcing intellectual property rights and addressing restrictive covenants in employment-related agreements. Mr. McNairy has been recognized as a 2016 Super Lawyer, and separately, a 2016 Best Lawyer, in the area of Trade Secrets Law, by Best Lawyers In America.
Jim McNairy is a partner in the Litigation and Labor and Employment Departments of Seyfarth Shaw LLP, and is a …
Randy Kahnke focuses his practice on complex commercial litigation and intellectual property litigation. He has been the lead trial attorney on cases from New York to California and touching three continents. Randy has extensive consulting, pretrial and trial experience with complex commercial and intellectual property disputes, and he has served as group head of Faegre Baker Daniels’ business litigation practice. Randy was recognized for his trial victories as a 2012 Minnesota Attorney of the Year. He is the co-editor and contributing author of the acclaimed book, The Secrets to Winning Trade Secret Cases, Thomson West (2009 and 2012). He has served on the Federal Practice Committee of the United States District Court for the District of Minnesota and as President of the Minnesota Chapter of the Federal Bar Association. Randy is a former federal law clerk, and he has been recognized as a leading litigator in Chambers USA, Super Lawyers and Best Lawyers in America.
Randy Kahnke focuses his practice on complex commercial litigation and intellectual property litigation. He has been the lead trial attorney …
Keker & Van Nest partner Warren Braunig focuses on complex commercial litigation, ranging from trade secrets, patent and trademark law, to administrative and water law, to consumer class actions, employment and contract disputes. He has litigated more than a dozen trade secrets and employee mobility cases, on both the plaintiff and defense sides, for companies ranging from high-tech titans Taiwan Semiconductor, SanDisk Corporation and Lam Research to liquor distributors, toy manufacturers and others. He recently won a massive trade secret misappropriation and corporate espionage case on behalf of SanDisk Corporation. After obtaining a sweeping preliminary injunction that barred his client’s competitor from any further use or disclosure of stolen SanDisk information, and achieving a series of courtroom victories, the parties reached a confidential settlement and entered into a product supply agreement. He has written articles and led corporate seminars on protecting intellectual property and maximizing the value of trade secrets.
Keker & Van Nest partner Warren Braunig focuses on complex commercial litigation, ranging from trade secrets, patent and trademark law, …
Adam Gershenson is an attorney in Cooley’s Commercial Litigation group who represents individuals and companies in intellectual property disputes and complex civil litigations in state and federal courts throughout the country. His practice focuses on cutting-edge technologies, and he has represented clients in matters involving trade secrets, patents, trademarks, breaches of contract, class actions, employment disputes, licensing agreements, legislative reform, and Constitutional rights, including the First Amendment. As a Special Assistant District Attorney in Middlesex County, Adam also successfully first-chaired multiple trials and argued dozens of successful motions. Adam recently co-wrote a series of articles that foreshadowed the passage of the new, federal Defend Trade Secrets Act, and described the Act's real-world implications for companies seeking to protect—and enforce—their trade secret rights.
Adam Gershenson is an attorney in Cooley’s Commercial Litigation group who represents individuals and companies in intellectual property disputes and …
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About Seyfarth Shaw LLP
Seyfarth Shaw LLP is leading the way to deliver legal services more effectively, efficiently and transparently. They provide thoughtful, strategic, practical legal counsel to client companies and legal teams of all sizes. With more than 850 lawyers across 13 markets in the U.S. and abroad, Seyfarth offers a national platform and global gateway to serve changing business and legal needs. Seyfarth’s commitment to excellence and unrelenting focus on the needs of clients has forged an atmosphere of creativity and innovative thinking. Seyfarth has pioneered new approaches to delivering legal services and has gained acclaim for their SeyfarthLean® client service model, which integrates differentiating process, technology, and people solutions into their legal work.
About Faegre Baker Daniels
Faegre Baker Daniels is a full service law firm providing business solutions to local, national and international organizations. We serve our clients with the highest levels of professionalism, skill and integrity. Our 750 legal and consulting professionals collaborate across our 14 locations in the United States, U.K. and China to deliver practical solutions to our clients' complex transactional, litigation and regulatory needs
About Keker & Van Nest LLP
For more than thirty years, the attorneys of San Francisco litigation firm Keker & Van Nest have tried and litigated complex, high-stakes civil and criminal cases throughout the nation, obtaining the best possible results for their clients. They take the tough cases, the make-or- break cases where companies, products, careers are riding on the result. It’s in the nature of tough cases to end up in trial, where Keker & Van Nest’s expertise and deep bench of trial lawyers shines.
Keker & Van Nest represents prominent individuals, as well as some of the world’s most successful companies, including Google; Genentech; Comcast; Netflix; Intel; Lyft; and many more. The firm’s areas of expertise include intellectual property, contract and commercial litigation, class actions, white collar criminal defense, securities, antitrust, and professional liability.
About Cooley LLP
Clients partner with Cooley on transformative deals, complex IP and regulatory matters, and high-stakes litigation, where innovation meets the law. Cooley understands how critical trade secrets are to the viability and success of our clients. That is why our team works closely with our clients on a daily basis to help define, protect and enforce their trade secrets. We have a deep understanding of the business issues that frequently drive disputes revolving around trade secrets, as well as the nuances behind them, and we pride ourselves on our ability to craft creative legal and business strategies to resolve these matters to our client's advantage. Cooley has 900 lawyers across 12 offices in the United States, China and Europe.