HomeWebcastRemedy and Damages in Trade Secrets Misappropriation: Everything You Need to Know
Online CLE Trade Secrets CLE

Remedy and Damages in Trade Secrets Misappropriation: Everything You Need to Know

Live Webcast Date: Thursday, November 29, 2018 at 3:00 pm - 4:30 pm (ET)
Intellectual Property LawRecording

Online CLE Trade Secrets

Join us for this Knowledge Group Online CLE Trade Secrets Webinar. Trade secrets misappropriation is a fast-growing trend that has remained as one of the biggest hurdles faced by companies of all sizes in recent years. Misappropriation, as defined in both Defend Trade Secrets Act (DTSA) and Uniform Trade Secrets Act (UTSA), takes place when a trade secret has been acquired by improper means and is disclosed without express or consent from the trade secret owner. In the event of misappropriation, a wide variety of remedies are available to trade secret owners.

Listen as a panel of distinguished professionals and thought leaders brought together by The Knowledge Group provide the audience with an in-depth discussion of the different types of remedies and damages in trade secrets misappropriations and its potential impact on businesses. Speakers will also identify recent trends and developments surrounding this significant topic.

Key topics include:

  • Trade Secrets Misappropriation: Framework
  • Types of Remedies and Damages
  • Notable Court Rulings
  • Common Risks and Pitfalls
  • Trends, Developments and Updates
  • What Lies Ahead

Who Should Attend

  • Trade Practicing Lawyers
  • Trade Counsel
  • Trade Specialists
  • Trade Secret Owners
  • Public and Private Companies
  • Multinational Companies
  • In-house Counsel
  • Business Executives

Preview Podcast

Please click the podcast below to hear the speakers discuss the key topics for this webcast.

Faculty

Online CLE Trade Secrets
Lora A. Brzezynski
Partner
Drinker Biddle & Reath LLP
Online CLE Trade Secrets
Brian Horne
Partner
Knobbe, Martens, Olson & Bear LLP
Online CLE Trade Secrets
Thomas Dye
Member
Cozen O'Connor

Click Here to Read Additional Material

Online CLE Trade Secrets

SEGMENT 1:
Lora A. BrzezynskiPartner
Drinker Biddle & Reath LLP

I.  Damages and Remedies for Trade Secret Misappropriation

  • Civil damages for misappropriation may be awarded based on:
    • Actual loss
    • Unjust enrichment
    • Reasonable royalty 
  • Remedies available include:
    • Actual damages
    • Restitution
    • Injunctive relief
    • Exemplary damages
    • Reasonable attorneys’ fees for willful and malicious misappropriation

II.  Non-Monetary Remedies

  • Timing
    • Consider Pre-suit
    • File with Complaint
    • Avoid Delay!
  • Injunctive Relief
    • Available to Remedy Actual or Threatened Misappropriation
    • Standard
      • Likelihood of Success, Irreparable Harm, No Adequate Remedy at Law, Balance of Hardships, Public Interest
    • Consider scope of injunctive relief
      • Prevent use and disclosure of trade secret misappropriation
      • Immediate return of trade secret information/devices
      • Court-directed forensic inspection
      • Prevent former employee from working for new employer
        • Under DTSA – must be based on evidence of threatened misappropriation and not merely on information the person knows
      • Prevent employee from working on competitive bid/project
    • Related requests
      • Seek preservation order
      • Move for expedited discovery
      • Seek court appointed monitor to ensure compliance
    • Supporting declarations
      • Identify value of trade secrets
      • Reasonable measures taken to maintain as trade secrets
      • Access by Defendant and facts relating to Defendant’s conduct
        • Use and Disclosure by Defendant
      • Defendant’s current competitive position
      • Harm to client
    • Non-compliance? 
      • Move to compel compliance
      • Move for contempt to enforce court order (higher standard)
  • Ex Parte Seizures
    • DTSA provision
    • “Extraordinary” circumstances required
    • Rarely granted
    • Must show misappropriation by “improper means”
      • Improper means includes:
        • Theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means
      • Improper means excludes:
        • Reverse engineering, independent derivation, or other lawful means of acquisition 
    • Seized property protected from copying or disclosure.  Hearing required after seizure.
    • Defendants can bring an action for wrongful seizure

SEGMENT 2:
Brian HornePartner
Knobbe, Martens, Olson & Bear LLP

  • EJ Brooks - awarding damages based on the Defendant’s avoided development costs. 
  • Texas Advanced - the need to apportion head start disgorgement award amongst trade secrets and that disgorgement is an issue for the court – not the jury.

SEGMENT 3:
Thomas DyeMember
Cozen O'Connor

Online CLE Trade Secrets

Online CLE Trade Secrets

Lora A. BrzezynskiPartnerDrinker Biddle & Reath LLP

Lora Brzezynski is a nationally recognized intellectual property and commercial litigator with more than 25 years of experience as lead counsel.  She is a partner in Drinker Biddle’s IP Litigation group, and is the Team Leader for the Trade Secrets Practice.  Lora focuses her practice on all aspects of IP litigation, including patent, trade secret and trademark disputes. Among her many achievements in this area, Lora recently settled a bet-the-company trade secrets and patent litigation after defeating plaintiff's summary judgment motion and winning summary judgment on the plaintiff's patent and Lanham Act claims.  In addition, Lora recently won back to back jury trials defending a client against patent infringement in the Northern District of California.   The Legal 500 has recognized Lora as one of the nation's leading lawyers in the area of Trade Secrets since 2014. She has also been recognized by Chambers USA for patent litigation.  Also, Law360 selected Lora for its Trial Pros Series in 2016.

Online CLE Trade Secrets

Brian HornePartnerKnobbe, Martens, Olson & Bear LLP

Brian Horne is an experienced trial lawyer who litigates throughout the country for both plaintiffs and defendants.  

Brian has been a member of trial teams that have won more than $1 billion, and his teams have been featured in The National Law Journal’s list of Top 100 verdicts on multiple occasions.  This includes a $466 million patent infringement verdict, which was the Number 1 IP and Number 5 overall verdict of 2014.  It also includes a $70 million trade secret verdict -- later enhanced to over $110 million -- which was the Number 6 IP and Number 21 overall verdict of 2016.  Brian’s trial teams have also won complete victories for defendants facing damages claims totaling nearly half a billion dollars.

Brian is a partner in Knobbe’s Los Angeles office. 

Online CLE Trade Secrets

Thomas DyeMemberCozen O'Connor

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.

Online CLE Trade Secrets

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   General Knowledge of trades secrets law

Course Code:
   147614

NY Category of CLE Credit:
   Areas of Professional Practice

Total Credits:
    1.5 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.

Drinker Biddle & Reath LLP is a national, full-service law firm providing litigation, regulatory and business solutions to public and private corporations, multinational Fortune 100 companies and start-ups. Building on a rich 168-year history, our more than 635 lawyers across 12 offices uphold our firm’s reputation for outstanding legal results and bring a sophisticated, forward-thinking approach to every client engagement. We draw upon a wealth of experience to assist clients in the financial services industry - including broker-dealers, investment banks, private banks, commercial lenders, private equity firms and asset managers - in staying ahead of today’s ever-changing economic and regulatory environments. Our attorneys defend clients in litigations, arbitration, regulatory investigations and represent them in mediation. In addition, we guide clients in navigating the maze of state and federal compliance requirements.

Website: https://www.drinkerbiddle.com/

Consistently ranked among the top intellectual property firms in the nation and worldwide, Knobbe Martens has close to 275 lawyers and scientists nationwide and dedicates its practice to all aspects of intellectual property and technology law, including litigation. Knobbe Martens serves a diverse group of clients from multinational corporations to emerging businesses of all stages. The firm is headquartered in Orange County, California, with offices in Los Angeles, New York, San Diego, San Francisco, Seattle and Washington, D.C., and enjoys an international reputation for excellence. More information about the firm can be found at www.knobbe.com

Website: https://www.knobbe.com/

Established in 1970 and ranked among the top 100 law firms in America, Cozen O’Connor has more than 700 attorneys who help clients manage risk and make better business decisions. The firm counsels clients on their most sophisticated legal matters in all areas of the law, including litigation, corporate and regulatory law. Representing a broad array of leading global corporations and middle market companies, Cozen O’Connor services its clients’ needs through 28 offices across two continents. Cozen O’Connor supports a diverse client base in their efforts to protect trade secrets. Our attorneys have successfully represented both plaintiffs and defendants in multimillion-dollar trade secret and unfair competition litigation. Cozen O’Connor attorneys have extensive first-chair trial experience in large cases involving restrictive covenants, trade secrets, unfair competition, and duty of loyalty claims. We have won multi-million dollar verdicts on behalf of plaintiffs and achieved full exoneration and fee awards on behalf of defendants.

Website: https://www.cozen.com/

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