HomeWebcastPreventing Loss and Damages in Trade Secrets: What You Need to Know About Unfair Competition
Online CLE Trade Secrets CLE

Preventing Loss and Damages in Trade Secrets: What You Need to Know About Unfair Competition

Live Webcast Date: Thursday, August 16, 2018 from 3:00 pm to 5:00 pm (ET)
Intellectual Property Law (CLE)Recording

Online CLE Trade Secrets

In this age of technological developments, trade secrets can easily be leaked using a cellphone. Companies nowadays must have strict regime in protecting their trade secrets which they worked so hard to develop. They must be alert against potential threats from their former employees, competitors, and others, to prevent losses and damages. 

In this Webcast, a panel of distinguished professionals and thought leaders will help businesses understand the value of protecting trade secrets. They will provide an in-depth discussion of the important aspects of this significant topic. Speakers will offer helpful tips in developing and implementing an effective regime to prevent loss and damages involving trade secrets.

Key topics include:

  • Ways to Protect Trade Secrets – Current Trends
  • Challenges Faced by Companies
  • The Defend Trade Secret Act (DTSA)
  • Non-Compete Agreements
  • Best Practices to Prevent Loss and Damages

Agenda

Matthew J. Simmons, Head of Litigation & Associate General Counsel 
Insight Global, LLC

AND

John M. Riccione, Partner
Taft Stettinius & Hollister LLP

  • Enforcing Trade Secret Covenants – will involve an analysis of the benefits and drawbacks of choosing Federal (DTSA) vs. state law, including an discussion of the inevitable disclosure doctrine – which is available through state law (in certain states) but not via the DTSA.
  • What Constitutes a Trade Secret? – will discuss the evolving view by courts on exactly what constitutes a trade secret.  Regardless of whether the DTSA, a state trade secret law, or both are pled, recent decisions across the nation indicate that Courts are becoming increasingly reticent to hold that information concerning a plaintiff’s customers and potential customers are trade secrets.  It appears that one of the main reasons for this new trend is that this type of information is becoming more and more accessible and readily available to the public.
  • Mutual No-Hire Agreements now Violate Anti-Trust laws – will provide a summary of the DOJ’s new position that these types of agreements are violative of anti-trust laws.  We will also explain and analyze ways agreements should now be drafted to avoid running afoul of the DOJ’s directive.
  • Choice of Law & Venue – will explain the importance of choosing the proper (and best) law and forum for dispute resolution as well as the impact of failing to consider choice of law and venue when drafting agreements.

John Stone, Partner
DeCotiis, FitzPatrick, Cole & Giblin, LLP

  • Definition of a trade secret
  • Remedies in litigation to enforce a trade secret (including differences under common law, the UTSA, and the DTSA)
    • Seizures
    • Injunctions
    • Compensatory and consequential damages
    • Punitive damages
    • Royalties
    • Legal fees

Abraham Y. Skoff, Partner
Moses & Singer LLP

  • Employee Mobility and Ease of Removal of Key Business Information
  • Competitors and Employees not Free to take Employer’s Information
  • Variety of Means to Protect Information:
  • Identify What Needs Protection
  • Establish Overall Program to Protect Assets
  • Company Internal Conduct to Protect Confidential Information
  • Agreements: Restrictive Covenants; NDAs
  • Legal Action to Protect Information
  • Basis for Claims in Litigation:
    • Breach of Confidentiality and Non-Competition Agreements, other contracts.
    • Enforcement and Drafting Issues
    • DTSA; new basis for action
    • UTSA claims.  Claims for misappropriation of trade secrets/confidential information/unfair competition/interference, where applicable. ·
  • Operational and Litigation Strategies
  • Trade Secret Litigation
  • Current Developments

Alan Dabdoub, Partner
Lynn Pinker Cox & Hurst, LLP

  • Top tips for protecting trade secrets
    • Company acquisitions
    • Employees and independent contractors
  • The best defense is a good offense
    • Policies
    • Enforcement and accountability in light of technology changes
    • Updated tips to prosecute trade secret misappropriation claims and defend against such claims
  • Recent issues and recommendations regarding non-compete agreements
    • Enforceability
      • Consideration
      • Protecting legitimate business interest
      • Reasonable restraints tied to such interests
    • Things to consider when seeking injunctive relief

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

Online CLE Trade Secrets

Matthew J. Simmons, Head of Litigation & Associate General Counsel 
Insight Global, LLC

AND

John M. Riccione, Partner
Taft Stettinius & Hollister LLP

  • Enforcing Trade Secret Covenants – will involve an analysis of the benefits and drawbacks of choosing Federal (DTSA) vs. state law, including an discussion of the inevitable disclosure doctrine – which is available through state law (in certain states) but not via the DTSA.
  • What Constitutes a Trade Secret? – will discuss the evolving view by courts on exactly what constitutes a trade secret.  Regardless of whether the DTSA, a state trade secret law, or both are pled, recent decisions across the nation indicate that Courts are becoming increasingly reticent to hold that information concerning a plaintiff’s customers and potential customers are trade secrets.  It appears that one of the main reasons for this new trend is that this type of information is becoming more and more accessible and readily available to the public.
  • Mutual No-Hire Agreements now Violate Anti-Trust laws – will provide a summary of the DOJ’s new position that these types of agreements are violative of anti-trust laws.  We will also explain and analyze ways agreements should now be drafted to avoid running afoul of the DOJ’s directive.
  • Choice of Law & Venue – will explain the importance of choosing the proper (and best) law and forum for dispute resolution as well as the impact of failing to consider choice of law and venue when drafting agreements.

John Stone, Partner
DeCotiis, FitzPatrick, Cole & Giblin, LLP

  • Definition of a trade secret
  • Remedies in litigation to enforce a trade secret (including differences under common law, the UTSA, and the DTSA)
    • Seizures
    • Injunctions
    • Compensatory and consequential damages
    • Punitive damages
    • Royalties
    • Legal fees

Abraham Y. Skoff, Partner
Moses & Singer LLP

  • Employee Mobility and Ease of Removal of Key Business Information
  • Competitors and Employees not Free to take Employer’s Information
  • Variety of Means to Protect Information:
  • Identify What Needs Protection
  • Establish Overall Program to Protect Assets
  • Company Internal Conduct to Protect Confidential Information
  • Agreements: Restrictive Covenants; NDAs
  • Legal Action to Protect Information
  • Basis for Claims in Litigation:
    • Breach of Confidentiality and Non-Competition Agreements, other contracts.
    • Enforcement and Drafting Issues
    • DTSA; new basis for action
    • UTSA claims.  Claims for misappropriation of trade secrets/confidential information/unfair competition/interference, where applicable. ·
  • Operational and Litigation Strategies
  • Trade Secret Litigation
  • Current Developments

Alan Dabdoub, Partner
Lynn Pinker Cox & Hurst, LLP

  • Top tips for protecting trade secrets
    • Company acquisitions
    • Employees and independent contractors
  • The best defense is a good offense
    • Policies
    • Enforcement and accountability in light of technology changes
    • Updated tips to prosecute trade secret misappropriation claims and defend against such claims
  • Recent issues and recommendations regarding non-compete agreements
    • Enforceability
      • Consideration
      • Protecting legitimate business interest
      • Reasonable restraints tied to such interests
    • Things to consider when seeking injunctive relief

Online CLE Trade Secrets

Online CLE Trade Secrets

Matthew J. SimmonsHead of Litigation & Associate General Counsel Insight Global, LLC

Matt Simmons presently serves as the Head of Litigation for Insight Global, LLC, where his main focus is the enforcement of the employment agreements the company enters into with its employees, and the restrictive covenants contained therein.  Prior to joining Insight Global last year, Matt was in “Big Law”, where – over the course of his 10 years in private practice – he litigated dozens of cases involving restrictive covenant violations, misappropriation of trade secrets and related business tort claims across the country to successful conclusions.

Online CLE Trade Secrets

John StonePartnerDeCotiis, FitzPatrick, Cole & Giblin, LLP

John Stone is a partner in DeCotiis’ New Jersey and New York state offices. Mr. Stone’s practice focuses on complex business matters, including trade secret and intellectual property litigation, unfair competition and tortious interference claims, construction and land use disputes, intra-company disputes, and insurance coverage cases.

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. 

Online CLE Trade Secrets

John M. RiccionePartnerTaft Stettinius & Hollister LLP

John is a trial attorney and has tried numerous cases to verdict. His practice involves the representation of businesses in a wide array of complex commercial disputes, including real estate, construction claims, trade secrets, computer fraud and abuse, UCC warranties and remedies, and labor and employment.

John has been selected for inclusion in Illinois Super Lawyers and nominated by a Fortune 1000 client to BTI's Client Service All-Star Team, an honor extended to only 70 lawyers nationwide. He is a frequent speaker on the topics of alternative fee arrangements, non-compete agreements, commission disputes and Uniform Commercial Code warranties and remedies, to various trade and bar associations and client groups.

Online CLE Trade Secrets

Abraham Y. SkoffPartnerMoses & Singer LLP

Abraham Y. (Avi) Skoff is Chair of Moses & Singer's Litigation practice and has over twenty-five years’ experience in practicing law, including involvement in a number of major, newsworthy cases. He served as Assistant U.S. Attorney and Deputy Chief of the Civil Division, U.S. Attorney's Office, Eastern District of New York and has litigated cases in courts throughout the country. Avi focuses his practice on complex civil litigation.  He is an experienced trial lawyer and has significant experience in an unusually broad range of practice areas including unfair competition, restrictive covenants, trade secrets and other areas of business litigation. Avi has represented parties before the Judicial Panel on Multi- District Litigation and coordinated the defense of nationwide class action claims. He recently obtained key injunctive relief under the newly enacted Defense of Trade Secrets Acts. He is admitted in New York and New Jersey and has a national practice.  Avi is rated AV Preeminent™ by Martindale-Hubbell and has been listed in New York Super Lawyers® since 2006.

Online CLE Trade Secrets

Alan DabdoubPartnerLynn Pinker Cox & Hurst, LLP

Alan Dabdoub represents plaintiffs and defendants in complex business litigation. Mr. Dabdoub has first chaired several trials (jury and bench) and arbitrations in Louisiana, Texas, New Jersey, New York and Massachusetts, with an outstanding record of success. He has experience handling class actions, business torts, commercial lease disputes, franchisor-franchisee disputes, partnership disputes, trade secret misappropriation and non-compete cases, bankruptcy related litigation, qui tam and employment litigation. Mr. Dabdoub maintains a robust practice representing companies from the following industries: oil and gas, energy, transportation, food service, manufacturing, telecommunications, agricultural, shipping, retail, advertising and finance. Mr. Dabdoub understands firsthand the interplay between litigation and business, having served as Chief Litigation Counsel for a large subsidiary of a Fortune 100 company. This insight, matched with his trial experience, equip Mr. Dabdoub to deliver outstanding client service and achieve his clients’ objectives aggressively and efficiently.


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Online CLE Trade Secrets

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   Experience in trade secrets law

Course Code:
   147451

NY Category of CLE Credit:
   Areas of Professional Practice

Total Credits:
    2.0 CLE

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About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

Based in Atlanta, Insight Global is a premier provider of employment solutions to Fortune 500 customers across the United States and Canada. We provide long-term, short-term, temporary-to-permanent, placement staffing, and enhanced staffing services. Since our inception in 2001, we have experienced unprecedented growth within our industry, rapidly expanding from an Atlanta based start-up to one of the most successful staffing firms in America.

Website: https://www.insightglobal.com/

DeCotiis, FitzPatrick, Cole & Giblin, LLP is a sixty-plus, full service firm in New Jersey and New York, representing private commercial, and public sector clients.

Website: https://www.decotiislaw.com/

At Taft Stettinius & Hollister our 400 attorneys in ten offices practice across a wide range of industries, in virtually every area of law, including Business and Finance, Business Restructuring, Environmental, Health and Life Sciences, Intellectual Property, Labor and Employment, Litigation, Private Client, Real Estate and Tax law. Since 1885, the firm has provided breadth and depth of legal expertise with a trusted business perspective to help our clients reach their goals.

Website: https://www.taftlaw.com/

Moses & Singer has a reputation for cutting edge representation, integrity and the highest quality legal work, established over the many years since the firm was founded by Henry Moses and Henry Singer in 1919, to serve both Public National Bank and their private clients. The firm has played a central role in landmark cases and major transactions ever since, and is known for skill, creativity and aggressiveness, in representing corporations, individuals, institutions, banks, closely held businesses, start-ups, entrepreneurs and families, in a wide range of industries, transactions, disputes and counseling. Moses & Singer is known for providing the direct, “hands on” attention of its partners to client matters.  The attention of recognized practitioners—partners in the firm, with the experience and knowledge to provide cost effective, result-oriented representation — can mean aggressive, focused problem solving and legal representation.

Website: https://www.mosessinger.com/

Lynn Pinker Cox & Hurst (LPCH) is a nationally recognized trial law firm focusing on complex, high-stakes litigation. LPCH represents Fortune 500 corporations, major financial institutions, and prominent individuals, with expertise in business disputes of all types, including breach of contract, intellectual property and trade secret, class action, financial services, securities, breach of fiduciary duty and employment, as well as professional malpractice cases. The attorneys at LPCH have academic excellence, service in judicial clerkships and experience at some of the most respected law firms in the United States. LPCH has tried cases to judges and juries throughout the country with a consistent track record of success that includes numerous significant verdicts, judgments and settlements. Learn more at www.lynnllp.com.

Website: https://www.lynnllp.com/

Matt Simmons presently serves as the Head of Litigation for Insight Global, LLC, where his main focus is the enforcement of the employment agreements the company enters into with its employees, and the restrictive covenants contained therein.  Prior to joining Insight Global last year, Matt was in “Big Law”, where – over the course of his 10 years in private practice – he litigated dozens of cases involving restrictive covenant violations, misappropriation of trade secrets and related business tort claims across the country to successful conclusions.

John Stone is a partner in DeCotiis’ New Jersey and New York state offices. Mr. Stone’s practice focuses on complex business matters, including trade secret and intellectual property litigation, unfair competition and tortious interference claims, construction and land use disputes, intra-company disputes, and insurance coverage cases.

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 is a trial attorney and has tried numerous cases to verdict. His practice involves the representation of businesses in a wide array of complex commercial disputes, including real estate, construction claims, trade secrets, computer fraud and abuse, UCC warranties and remedies, and labor and employment.

John has been selected for inclusion in Illinois Super Lawyers and nominated by a Fortune 1000 client to BTI's Client Service All-Star Team, an honor extended to only 70 lawyers nationwide. He is a frequent speaker on the topics of alternative fee arrangements, non-compete agreements, commission disputes and Uniform Commercial Code warranties and remedies, to various trade and bar associations and client groups.

Abraham Y. (Avi) Skoff is Chair of Moses & Singer's Litigation practice and has over twenty-five years’ experience in practicing law, including involvement in a number of major, newsworthy cases. He served as Assistant U.S. Attorney and Deputy Chief of the Civil Division, U.S. Attorney's Office, Eastern District of New York and has litigated cases in courts throughout the country. Avi focuses his practice on complex civil litigation.  He is an experienced trial lawyer and has significant experience in an unusually broad range of practice areas including unfair competition, restrictive covenants, trade secrets and other areas of business litigation. Avi has represented parties before the Judicial Panel on Multi- District Litigation and coordinated the defense of nationwide class action claims. He recently obtained key injunctive relief under the newly enacted Defense of Trade Secrets Acts. He is admitted in New York and New Jersey and has a national practice.  Avi is rated AV Preeminent™ by Martindale-Hubbell and has been listed in New York Super Lawyers® since 2006.

Alan Dabdoub represents plaintiffs and defendants in complex business litigation. Mr. Dabdoub has first chaired several trials (jury and bench) and arbitrations in Louisiana, Texas, New Jersey, New York and Massachusetts, with an outstanding record of success. He has experience handling class actions, business torts, commercial lease disputes, franchisor-franchisee disputes, partnership disputes, trade secret misappropriation and non-compete cases, bankruptcy related litigation, qui tam and employment litigation. Mr. Dabdoub maintains a robust practice representing companies from the following industries: oil and gas, energy, transportation, food service, manufacturing, telecommunications, agricultural, shipping, retail, advertising and finance. Mr. Dabdoub understands firsthand the interplay between litigation and business, having served as Chief Litigation Counsel for a large subsidiary of a Fortune 100 company. This insight, matched with his trial experience, equip Mr. Dabdoub to deliver outstanding client service and achieve his clients’ objectives aggressively and efficiently.

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