Securing Trade Secrets and Intellectual Property Against Cyberattack
The rise in cyber threats is putting companies at risk of losing trade secrets and other intellectual property assets that are integral to competitive edge, revenues and reputation. Many companies, however, are unsure about how to shore up their IP and trade secret protection programs to thwart potential risks and losses.
In this two-hour LIVE Webcast, a panel of distinguished professionals and thought leaders organized by The Knowledge Group will help the audience understand the important aspects of Securing Trade Secrets and Intellectual Property Against Cyberattack. They will provide an in-depth discussion of the critical issues and best practices with respect to this noteworthy topic. Speakers will also share helpful tips in developing and implementing data security programs while ensuring compliance with applicable laws.
Some of the major topics that will be covered in this course are:
- IP and Trade Secrets Protection
- Key Challenges and Vulnerabilities
- Data Security Policies
- Risk Identification and Mitigation
- Best Regulatory Remedies
Bud Conner, Director - Forensic Technology Solutions
BDO USA, LLP
Trade Secret/IP protection via Data & Information Governance:
- Prioritizing information assets (recognizing that all forms of data have potential value and risk):
- Trade Secrets and IP
- Confidential business information
- PII, HIPAA, etc.
- Value of data mapping in identifying locations of priority information and greatest sources of risk
- Use of advanced technologies
- Risk assessment from policy, process, and technology standpoint
- Deleting/destroying obsolete information
- Building a cross-functional team of true stakeholders
- Potential cyber insurance considerations
George F. Ritchie, Member
Gordon Feinblatt LLC
- Identifying Trade Secrets through creation of Trade Secret Audit – litigation experience demonstrates that many companies (particularly start-ups in biotech and other hard science fields) do not have a firm understanding of exactly what their trade secrets are, where they reside within the company and how if at all they are being protected.
- Identifying and quantifying cyberattack risks –who are the perpetrators of these attacks (hackers, nation states, rogue employees, competitors), what information/data are they after and what will they do with it once obtained? What is the “Dark Web” and what is going on in there?
- Best Practices to protect trade secrets from cyberattacks – 1) use of traditional means of protection (NDAs, employment agreements, etc.; 2) given scope of problem, will best practices include in the future the engagement of cyberattack security firms to protect against attack and take countermeasures if breach occurs?
- Highlight cloud storage provider sites (like Dropbox) and risks presented by these. How to address through employee training.
Pamela Passman, President and CEO
Center for Responsible Enterprise And Trade (CREATe.org)
Proactive, practical approach to reasonable steps to protect trade secrets in a cyber risk environment
- Increasingly, cybersecurity protections are mentioned in trade secret theft cases – but there is no clarity on what courts view as “reasonable steps” to protect trade secrets in a dynamic cyber threat environment.
- Addressing cyber and trade secret risks should involve a ‘enterprise management-systems’ approach and cover ‘people, process and technology.’
- The NIST Cybersecurity Framework is gaining momentum among companies of all sizes for its risk-based, comprehensive and adaptable approach to information security.
William "Chip" Collins Jr., Partner
Burr & Forman LLP
- What to do if your Trade Secrets have been compromised in a cyber attack
- Protecting "trade secret" status once the genie is out of the bottle
- Potential legal rights/remedies that may be available when Trade Secrets have been compromised or exposed through a cyber attack
- Practical considerations for minimizing loss/damage after Trade Secrets have been compromised or exposed through a cyber attack
Who Should Attend:
- Chief Information Officers
- Risk and Compliance Officers
- Privacy and Data Security Lawyers
- Technology Attorneys
- Trade Practicing Lawyers
- Public and Private Companies
- Multinational Companies
- Trade Counsel
- Trade Specialists
- Top Level Management
- Risk Officers and Administrators
- Risk Analysts
- Other Related Professionals
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 regular contributor. He has presented seminars on trade secret and non-compete law for ICLE in Georgia and The Knowledge Group and has been a guest lecturer on trade secret issues at the Emory University School of Law for the last two 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 …
George Ritchie is a trial lawyer and adviser with over 20 years of experience handling high stakes litigation matters and other strategic challenges facing private and public companies. His practice focuses on intellectual property, environmental, employment and related corporate matters. He also counsels clients on risk avoidance, crisis management, and company-sensitive issues across a broad spectrum of industries. He represents domestic and international clients in cases in state and federal courts across the country, and in various arbitral forums.
In addition to his courtroom work, George also has substantial experience in representing companies and individuals involved in government investigations, including matters involving securities and accounting fraud, alleged mislabeling of food products under USDA regulations and consumer protection violations. George regularly provides pre-litigation analysis and advice to clients, and has lectured extensively on the importance of pre-litigation planning and expert witness development.
George Ritchie is a trial lawyer and adviser with over 20 years of experience handling high stakes litigation matters and …
Pamela Passman is President and CEO of the Center for Responsible Enterprise and Trade (CREATe.org), an organization dedicated to helping companies and their third parties effectively address governance, risk and compliance requirements through the benchmarking and implementation of business processes across an enterprise. Prior to founding CREATe in October 2011, Passman was the Corporate Vice President and Deputy General Counsel, Global Corporate and Regulatory Affairs, Microsoft Corporation. Since 2002, Passman led Microsoft’s regulatory compliance work across 100 countries and addressing a range of issues, including privacy, security, law enforcement, telecommunications and other issues related to cloud computing. She worked closely with business leaders and research and development teams to advance Microsoft’s businesses in China and other emerging markets. She first joined Microsoft in 1996 and until 2002, led the Legal and Corporate Affairs organization in Asia, based in Tokyo, with a focus on Japan, Korea and the People’s Republic of China. Prior to joining Microsoft, Ms. Passman practiced law with Covington & Burling in Washington, D.C. and Nagashima & Ohno in Tokyo, Japan. Passman was recognized as one of the ‘Most Influential People in Security 2014’ by Security Magazine.
Pamela Passman is President and CEO of the Center for Responsible Enterprise and Trade (CREATe.org), an organization dedicated to helping …
Bud Conner is a Director in the Forensic Technology Services practice of BDO Consulting. Combining legal, technology, and information governance expertise, Bud helps organizations find cost effective solutions for managing and protecting enterprise data and information. From data creation through storage and retrieval, Bud advises corporations and law firms in policy and process implementation, and in identifying and deploying the appropriate technologies and services to harmonize enterprise operations, improve processes, and realize a true return on investment.
Bud began his professional career as an intellectual property attorney, and is a registered patent attorney before the United States Patent & Trademark Office. He is also an ARMA-certified Information Governance Professional. Protecting intellectual property and sensitive information has been a constant objective of his work.
Bud is a graduate of the Case Western Reserve School of Law, and holds a BS in Biochemistry from Indiana University.
Bud Conner is a Director in the Forensic Technology Services practice of BDO Consulting. Combining legal, technology, and information governance …
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Specialized Knowledge and Applications
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About Burr & Forman LLP
Burr & Forman’s experienced legal team serves clients with local, national, and international legal needs. With particular industry strengths in the financial institutions, 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 nearly 300 attorneys and 10 offices in Alabama, Florida, Georgia, Mississippi, and Tennessee.
About Gordon Feinblatt LLC
Gordon Feinblatt is a full-service law firm with more than 60 attorneys and over 20 paralegals. Our size assures proficiency in virtually every area of the law without sacrificing personalized attention to our clients.
Each of the Firm’s Practice Group Chairs and many of our other attorneys are among the State’s leading practitioners. Twenty-five of our attorneys are listed in Woodward & White’s Best Lawyers in America® 2017 and four of our lawyers have been designated “Lawyer of the Year” in Baltimore by Best Lawyers. Eighteen attorneys are named in Maryland Super Lawyers 2016.
We present our clients with innovative solutions applicable to their unique problems and circumstances, providing a legal advantage to people doing business in Maryland.
About Center for Responsible Enterprise And Trade (CREATe.org)
The Center for Responsible Enterprise And Trade (CREATe.org) helps organizations and their third parties address governance, risk and compliance requirements associated with the prevention of corruption and the protection of intellectual property (IP) and trade secrets from cyber and other risks. Our mission is to make leading practices in IP protection and anti-corruption achievable for all companies. To achieve this mission, we have developed CREATe Leading Practices, a service that measures the maturity of business processes in place and guides prioritization and improvements to help companies embed controls to mitigate risks. CREATe Leading Practices is deployed in multiple languages by organizations operating globally.
About BDO USA, LLP
BDO Consulting, a division of BDO USA, LLP, provides clients with Financial Advisory, Business Advisory and Technology Services in the U.S. and around the world, leveraging BDO’s global network of nearly 60,000 professionals. Having a depth of industry expertise, we provide rapid, strategic guidance in the most challenging of environments to achieve exceptional client service.