The Defend Trade Secrets Act – The Lawyer and Forensic Technologist Perspective
On May 11, 2016, President Obama signed the Defend Trade Secrets Act ("DTSA"), which Congress passed on April 27, 2016. With President Obama's signature, the DTSA has now become the law of the land, and a federal civil remedy for trade secrets misappropriation now exists. What does the passage of the DTSA mean for your company?
In this webinar, you will hear from practicing attorneys Robert Milligan of Seyfarth Shaw and Tom Mackey of Jackson Lewis, as well as Certified Forensic Computer Examiner Jim Vaughn of iDiscovery Solutions. The presenters will describe the key features of the DTSA and compare its key provisions to the state Uniform Trade Secrets Act ("UTSA") adopted in many states. They will also provide practical tips and strategies concerning the pursuit and defense of trade secret cases in light of the DTSA, and provide some predictions concerning the future of trade secret litigation. You will also learn about digital forensics and how the preservation and analysis of workstations, networks, cloud storage, external devices and other data storage areas can help you in your investigation.
The panel will specifically address the following topics:
- Brief history of the DTSA
- What does the DTSA provide?
- Provisions unique to the DTSA
- The DTSA's whistleblower immunity provision
- The DTSA's notice requirements for agreements entered into or updated as of today
- Digital Forensics - where do I start
- Strategies in trade secret litigation in light of the DTSA
- What should an employer or business do now?
Robert B. Milligan, Partner
Seyfarth Shaw LLP
- State of the Law Prior to the DTSA
- Defend Trade Secrets Act of 2016
- What Does it Provide?
- Provisions Unique to the Defend Trade Secrets Act of 2016 – Remedies
- Unique Provisions
- The Infamous Whistleblower Immunity Provision
- Strategies in Light of DTSA Implementation – UPDATE
- Magic Language to Include
- Strategies in Light of DTSA Implementation – REVIEW
- Strategies in Light of DTSA Implementation – ENSURE & PROTECT
- Strategies in Light of DTSA Implementation – PREPARE
- What Should an Employer/ Business Do Now?
- Anticipated Litigation Pitfalls
Thomas G. Mackey, Principal
Jackson Lewis P.C.
- DTSA or UTSA?
- Trade Secrets
- Complimentary / Alternative Claims
Jim Vaughn, Managing Director
- The Use of Digital Forensics
- LNK Files
- Presence of File Sync and Share Apps
- Installation of Dropbox
- Investigation Targets – Recap
- Timeline of Activity
- Perimeter Check
Who Should Attend:
- Corporate Counsel
Robert B. Milligan co-chairs the firm's national Trade Secrets, Computer Fraud & Non-Competes practice group. He is a partner in the firm’s Los Angeles offices. His practice encompasses a wide variety of commercial litigation and employment matters, including general business disputes, unfair competition, trade secret misappropriation and other intellectual property theft, real estate litigation, insurance bad faith, invasion of privacy, products liability, wrongful termination, discrimination and harassment claims, wage and hour disputes, ADA and OSHA compliance, whistleblower cases, bankruptcy and other business torts. Mr. Milligan has represented 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 B. Milligan co-chairs the firm's national Trade Secrets, Computer Fraud & Non-Competes practice group. He is a partner in …
Thomas G. Mackey is a Principal in the Los Angeles, California, office of Jackson Lewis P.C. He serves on the office’s Litigation Management Team. He joined Jackson Lewis in 2002.
Mr. Mackey exclusively represents employers and individual defendants in all types of employment litigation, including sexual harassment, discrimination, retaliation, wrongful termination, wage and hour disputes, and matters involving competition and restrictive covenants. Mr. Mackey has extensive litigation and dispute resolution experience. He has substantial jury trial experience in state and federal courts. Mr. Mackey has also arbitrated a wide variety of claims throughout his career. He provides advice and counsel related to a broad array of employment issues.
Thomas G. Mackey is a Principal in the Los Angeles, California, office of Jackson Lewis P.C. He serves on the …
James D. Vaughn, a Managing Director of iDiscovery Solutions (iDS), is a court-recognized expert who has given testimony in nearly 70 cases involving topics such as evidence preservation, documentation of events, and computer forensic methodologies and procedures. In addition to being an EnCase Certified Examiner (EnCE), Mr. Vaughn is certified by the International Association of Computer Investigative Specialists (IACIS) as a Certified Forensic Computer Examiner (CFCE).
Mr. Vaughn has trained hundreds of law enforcement officers, attorneys, and other examiners on computer forensics and high-technology related issues involving best practices and methodologies. He has 16 years law enforcement experience, has co-developed computer forensic courses for the California Department of Justice, and has been involved in high profile cases throughout his career.
Mr. Vaughn has extensive experience working on litigation and consulting matters in digital forensics, e-Discovery, and other high technology issues. His experience covers both the Windows and MAC OS platforms. He serves his clients through the litigation or consulting lifecycle by assisting them with important issues like data scoping, preserving, gathering, processing, hosting, review and production, as well as deeper diving issues uncovered through the use of digital forensics.
Mr. Vaughn’s matters have widely varied and span across diverse areas such as misappropriation of trade secrets, intellectual property issues, contract disputes, fraud investigations, alleged hacking, and employment disputes, among others. He has served clients on the plaintiff side, the defendant side, and has served as a third party neutral on several occasions.
James D. Vaughn, a Managing Director of iDiscovery Solutions (iDS), is a court-recognized expert who has given testimony in nearly …
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Method of Presentation:
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About iDiscovery Solutions
iDiscovery Solutions, Inc. (iDS) is an award-winning, global, expert services firm that has been influencing the intersection of law and technology since 2008. Founded by industry veterans with more than 50 years of litigation and consulting experience combined, iDS delivers customized, innovative solutions for legal and corporate clients’ complex challenges. iDS’ subject matter experts testify and consult in connection with electronic discovery (eDiscovery), digital forensics, data analytics, information governance (IG), processing and hosting of electronically stored information (ESI) and enterprise applications. Headquartered in Washington, DC, the firm also has offices in Seattle, Washington and Costa Mesa, California. For more information, visit idiscoverysolutions.com. Follow iDS @iDiscoveryInc.
About Seyfarth Shaw LLP
Seyfarth Shaw has more than 850 attorneys and provides a broad range of legal services in the areas of labor and employment, employee benefits, litigation, corporate and real estate. With offices in Atlanta, Boston, Chicago, Houston, London, Los Angeles, Melbourne, New York, Sacramento, San Francisco, Shanghai, Sydney and Washington, D.C., Seyfarth’s clients include over 300 of the Fortune 500 companies and reflect virtually every industry and segment of the economy. A recognized leader in delivering value and innovation for legal services, Seyfarth’s acclaimed SeyfarthLean® client service model has earned numerous accolades from a variety of highly respected third parties, including industry associations, consulting firms and media.
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.
Our efforts have contributed to our recognition by in-house counsel as ‘Best of the Best’ for client service within the 2015 BTI Consulting Group's Client Service A-Team and being named by the Financial Times U.S. Innovative Lawyers Report among the most innovative law firms.
About Jackson Lewis P.C.
Founded in 1958, Jackson Lewis is dedicated to representing management exclusively in workplace law. With 800 attorneys practicing in major locations throughout the U.S. and Puerto Rico, Jackson Lewis is included in the AmLaw 100 and Global 100 rankings of law firms. The firm’s wide range of practice areas provides the resources to address every aspect of the employer/employee relationship.
Jackson Lewis is a leader in educating employers about the laws of equal opportunity and, as a firm, understands the importance of having a workforce that reflects the various communities it serves.
Jackson Lewis is a founding member of L&E Global Employers’ Counsel Worldwide, an alliance of premier employment law firms in Europe, North and South America and the Asia Pacific Region.