The Defend Trade Secrets Act (DTSA): New Judicial Fast Lane Against Trade Secret Theft
In order to establish a private civil action in federal courts for the misappropriation of trade secrets impacting interstate and foreign commerce, the House and the Senate released identical bills last summer, entitled the "Defend Trade Secrets Act of 2015" (DTSA). Since its introduction, the Senate Judiciary Committee amended the DTSA in various ways, and in May 2016 the DTSA was enacted into law with strong support from government and industry. The DTSA now provides a new and important scheme for trade secrets owners to consider when asserting claims and seeking remedies to prevent and recover for misappropriation of trade secrets related to interstate commerce.
In substance, the DTSA creates a uniform standard and remedies for trade secret misappropriation, and provides injunctive relief and compensatory damages. The continued desire and necessity for trade secrets law uniformity has increased after the recent cyberattacks that exposed susceptibility of trade secret misappropriation for American corporations and the U.S. government. According to various law review articles and online postings, this groundbreaking legislation provides a precise and industry-favored remedy to reduce digital and global risk associated with trade secret misappropriation.
In this LIVE Webcast, a panel of remarkable leaders and professionals assembled by The Knowledge Group will help the audience understand the fundamentals as well as strategic considerations and best practices based on the recent Defend Trade Secrets Act. Speakers will explain important aspects of this new law and provide the audience with the best strategies in identifying and mitigating trade secrets theft under the DTSA.
Key topics include:
- Defend Trade Secrets Act of 2015: what you need to know
- How key aspects of the federal DTSA compare to existing state UTSA laws
- Litigating damages and related remedies for misappropriation of trade secrets
- Understanding the DTSA's Ex Parte Civil Seizure Provision
- Impacts and Implications for employers and best practices in the wake of the DTSA
Dickson Burton, Shareholder
- Introduction to the DTSA – how and why did it come about?
- Key distinctions between federal and state law
Joel D. Bush, Partner
Kilpatrick Townsend & Stockton LLP
- “Negative know how” software disputes and how it is not protected under the DTSA.
- Inevitable disclosure doctrine
- Highlight some of the key differences / similarities between the Uniform Trade Secret Act (as adopted in most states) and the DTSA.
Cass W. Christenson, Partner
- Monetary remedies under the DTSA -- overview, key provisions, and recent cases
- Recovery of compensatory damages -- approaches and strategies to consider
- Enhanced damages -- when are they available and how are they calculated?
- Related remedies and other issues impacting recovery in DTSA cases
Anthony J. Ashley, Shareholder
Vedder Price P.C.
- Ex parte seizure provision, and other DTSA provisions designed to address international trade secret theft.
- Injunctive relief
- The practical considerations surrounding whether to pursue a DTSA claim in federal court or state law trade secrets claim in state court.
Robert B. Milligan, Partner
Seyfarth Shaw LLP
- Practical guidance for employers
- Whistleblower retaliation
Who Should Attend:
- Trade Practicing Lawyers
- Trade Specialists
- Trade Counsel
- Risk Officers and Administrators
- Risk Analysts
- Business Executives
- Top Level Management
- Other related/interested Professionals and Organizations
Cass W. Christenson is a partner in Dentons US LLP's Washington office with experience handling all aspects of trade secrets cases and complex litigation, including motions for injunctive relief and forensic discovery. In managing high-stakes trade secrets, patent infringement, and commercial cases, Cass has represented plaintiffs and defendants in trials and appeals in numerous state and federal courts. Many of Cass's cases have involved cross-border issues and foreign laws. In addition to litigating trade secrets disputes, Cass counsels companies in adopting and implementing best practices, policies, and procedures to protect trade secrets from theft and misappropriation. As a firm practice team leader, Cass has been quoted and cited regarding litigation strategy, damages issues, and other subjects relevant to trade secret misappropriation and intellectual property cases.
Cass W. Christenson is a partner in Dentons US LLP's Washington office with experience handling all aspects of trade secrets …
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 …
Joel Bush concentrates his practice in the area of complex commercial litigation, with particular emphasis in information technology and software disputes, misappropriation of trade secrets, business torts, restrictive covenant, and technology license disputes. Mr. Bush has litigated disputes arising out of computer hardware installations, software implementations, network design projects, and other technology implementations.
Mr. Bush regularly represents software and technology companies in claims based on fraud, breach of contract, and negligence arising out of implementation problems, network design issues, software performance, and system compatibility problems. He has represented employers and employees in disputes arising out of restrictive covenant agreements. Mr. Bush routinely litigates trade secret disputes and he has particular experience in trade secret claims arising out of software development. Mr. Bush also represents commercial parties in contract, indemnity, and related claims. He has appeared in federal and state courts and is also experienced in arbitration.
Mr. Bush has been recognized as a Georgia "Super Lawyer" in General Litigation by Super Lawyers magazine. He was recommended by Legal 500 US in 2015 for Trade Secrets Litigation. Mr. Bush was named to Georgia Trend's "Legal Elite" in 2013 for General Practice and is AV® rated by Martindale-Hubbell.
Joel Bush concentrates his practice in the area of complex commercial litigation, with particular emphasis in information technology and software …
Anthony J. Ashley is a Shareholder in the Litigation practice area based in Chicago. Mr. Ashley has represented clients in pretrial, trial and appellate proceedings in state and federal courts across the United States and internationally in the areas of restrictive covenants and trade secrets, corporate espionage, unfair competition, complex commercial matters, intellectual property infringement and defamation. As a founding member of the Litigation practice area’s subgroup on Restrictive Covenants and Trade Secrets, he also has extensive experience with emergency injunctive proceedings at both the state and federal levels.
In addition to his litigation experience, Mr. Ashley is frequently consulted on CEO and other senior executives mobility among competitors, and he has successfully developed and implemented hiring protocols to permit immediate transitions. He also has extensive experience negotiating executive employment contracts, and he frequently represents companies and senior executives in connection with employment arrangements. Mr. Ashley regularly counsels corporations and individuals on how to safeguard corporate assets, including retaining senior executives and protecting customer relationships and confidential information.
Anthony J. Ashley is a Shareholder in the Litigation practice area based in Chicago. Mr. Ashley has represented clients in …
Mr. Burton, managing partner shareholder of TraskBritt, is a trial lawyer whose practice focuses on helping clients resolve patent, trademark and trade secret disputes. He has successfully led trial teams in state and federal courts around the country, and is frequently called upon to serve as a mediator, arbitrator and expert witness in major patent, trademark and trade secret disputes.
Mr. Burton is a contributing editor to BNA’s well-known treatises, “Trade Secrets: A State-by-State Survey, and “Covenants Not To Compete: A State-By-State Survey,” and speaks frequently on trade secrets and other Intellectual Property topics. He has been honored in Best Lawyers® of America, Chambers and SuperLawyers, and as Intellectual Property Litigation “Lawyer of the Year” for 2015 in Salt Lake City. He has been an Adjunct Professor at the University of Utah Law School, teaching patent litigation.
Mr. Burton, managing partner shareholder of TraskBritt, is a trial lawyer whose practice focuses on helping clients resolve patent, trademark …
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Dentons is the world's first polycentric global law firm. A top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm is committed to challenging the status quo in delivering consistent and uncompromising quality and value in new and inventive ways. Driven to provide clients a competitive edge, and connected to the communities where its clients want to do business, Dentons knows that understanding local cultures is crucial to successfully completing a deal, resolving a dispute or solving a business challenge. Now the world's largest law firm, Dentons' global team builds agile, tailored solutions to meet the local, national and global needs of private and public clients of any size in more than 140 locations serving 50-plus countries. www.dentons.com.
About Seyfarth Shaw LLP
At Seyfarth Shaw LLP, we are leading the way in delivering legal services more effectively, more efficiently, and more transparently. With more than 850 attorneys in the United States, London, Shanghai, Melbourne, and Sydney, we offer a national platform and an international gateway to serve our clients’ changing business and legal needs in corporate, employee benefits, employment, litigation, and real estate. Seyfarth Shaw provides thoughtful, strategic, practical legal counsel to clients of all sizes across all industries, delivering excellent legal service, sophisticated technology and process improvement solutions. Our clients range from Fortune 100 to midsize companies, and include publicly traded and privately held companies and various types of funds. For more information, visit www.seyfarth.com.
About Kilpatrick Townsend & Stockton LLP
Kilpatrick Townsend is a full-service international law firm with approximately 650 attorneys in 18 offices extending in the continental United States, Asia, and Europe, including: Atlanta, GA; Augusta, GA; Charlotte, NC; Dallas, TX; Denver, CO; Los Angeles, CA; New York, NY; Raleigh, NC; San Diego, CA; San Francisco, CA; Seattle, WA; Silicon Valley, CA; Walnut Creek, CA; Washington, DC; Winston-Salem, NC; Shanghai; Stockholm; and Tokyo.
For well over a century, Kilpatrick Townsend attorneys have been at the forefront of the legal profession, committed to purposeful work for our clients and in our communities. Kilpatrick Townsend provides trusted counsel and forward-thinking legal solutions to clients throughout the world. We build long-standing partnerships with our clients by acting as more than just attorneys; we are strategic advisors offering broad legal counsel, leadership, entrepreneurial vision, and responsive service to deliver unparalleled results in both routine and complex matters.
About Vedder Price P.C.
Vedder Price is a thriving general-practice law firm with a proud tradition of maintaining longterm relationships with our clients, many of whom have been with us since our founding in 1952. With approximately 300 attorneys and growing, we serve clients of all sizes and in virtually all industries from our offices in Chicago, New York, Washington, DC, London, San Francisco and Los Angeles.
About TraskBritt, P.C.
Based in Salt Lake City, Utah, USA, TraskBritt, PC represents national and multinational corporations, research organizations and universities throughout the world. The firm’s practice emphasises IP matters, including patents, trademarks, trade secrets related licensing and litigation. TraskBritt attorneys’ unique combination of legal, technical and business skills has enabled the firm to establish and enhance long-term partnerships with our clients, many of which it has represented for multiple decades during the firm’s forty-plus years of success and continued growth.
TraskBritt and its attorneys are regularly ranked in Chambers USA, The Best Lawyers in America, SuperLawyers, IP Stars, the IAM Patent 1000 and Martindale-Hubbell’s Bar Register of Pre-eminent Lawyers.