The Defend Trade Secrets Act of 2016: A New Weapon in Addressing Trade Secret Issues
Earlier this year, the Defend Trade Secrets Act of 2016 (DTSA) was signed into law and has amended the Economic Espionage Act of 1996, which criminalizes certain trade secret misappropriations. Enacted on May 11, 2016, the DTSA represents the most significant trade secret reform legislation in several decades. However, DTSA has an unusually broad reach and many potential pitfalls for the unprepared companies. For example, an employer should be concerned that a new hire is using information that may be considered trade secret information.
While DTSA provides new important weapon in addressing trade secret issues and in protecting trade secret information, businesses should work closely with their legal counsel and carefully plot a roadmap that will determine the best course of action. It is also crucial to outline the key features of the DTSA and compare its key provisions to pre-existing state law remedies and the Uniform Trade Secrets Act (UTSA) adopted in many states.
In this two-hour LIVE Webcast, a panel of key thought leaders and practitioners assembled by The Knowledge Group will go beyond the basics of the fundamentals of the recent DTSA. Speakers will also provide the audience with the best strategies in identifying and mitigating trade secrets theft under the DTSA.
Key topics include:
- DTSA 2016 – An Overview
- Identifying Civil Remedies
- What Does the DTSA provide?
- Provisions Unique to the DTSA
- Whistleblower Immunity Provision
- Ex Parte Applications
- Immunity Against Criminal and Civil Liabilities
- Civil Seizure for Misappropriation
- Trade Secrets Disclosure
- Impacts and Implications to Employers
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- Identifying Civil Remedies - Real world practical considerations – federal claims vs. state claims, federal court vs. state court; may yield different considerations if prosecuting or defending the case.
- Provisions Unique to the DTSA – The new federal private right of action provides not only federal jurisdiction in potentially every case but also ex party expedited remedies to help recover trade secrets, beefed up protection for trade secrets during the course of the litigation, and whistleblower protections.
- Immunity Against Civil and Criminal Liability – In certain contexts employees who disclose a trade secret theft for the purpose of investigating a suspected violation of law or in the context of a document filed in court under seal may be immune from civil and criminal prosecution, and this immunity must be set forth in the employer’s employment contract with the employee.
- Restatement of Torts
- Computer Fraud and Abuse Act
- Uniform Trade Secrets Act (UTSA)
- Economic Espionage Act (EEA)
- Defend Trade Secrets Act of 2016 (DTSA)
- Major DTSA provisions, background, and rationale
- Similarities/differences between DTSA, UTSA, and state UTSA versions
- Ex parte seizure of trade secrets under the DTSA
- Enhanced protection from disclosure of trade secrets in litigation
- Employment law issues and implications
- Trade secret protection vs. patent protection
- Strategic Issues and Recommendations
- Overview of recent & pending DTSA cases
- Discussion, questions, answers, suggestions, etc.
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
James G. Goggin practices from Verrill Dana’s Portland, Maine office and has over 30 years of experience litigating nationwide in the intellectual property area, including trademark, broadcast licensing fee agreements, copyright infringements, trade secrets and patent litigation. Jim represents a variety of parties in patent litigation across the country. He has handled patent cases in technologies as diverse as medical devices, internet browsers and applications, computer networks, radio devices and biometric payments in federal courts in Maine, Delaware, Maryland, Colorado and Texas. Jim was honored as the Best Lawyers “Lawyer of the Year” for Litigation – Patent in Portland, Maine in 2014 and 2016. He is also recognized as a “Local Litigation Star” by Benchmark Litigation and an “IP Star” by Managing Intellectual Property.
James G. Goggin practices from Verrill Dana’s Portland, Maine office and has over 30 years of experience litigating nationwide in the …
Q. Todd Dickinson is a shareholder at Polsinelli, PC, in Washington DC, where he heads the Intellectual Property Policy practice group. Mr. Dickinson previously served as the Undersecretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office under President Clinton. He has also served as the Vice President and Chief IP Counsel of the General Electric Co., and most recently as the Executive Director of the American Intellectual Property Law Association, the largest IP organization in the U.S. A frequent speaker on IP topics, Mr. Dickinson has almost 40 years of experience in the IP field.
Q. Todd Dickinson is a shareholder at Polsinelli, PC, in Washington DC, where he heads the Intellectual Property Policy practice …
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About Verrill Dana LLP
Verrill Dana is a full service law firm with more than 130 attorneys and a growing number of service-based practice groups. The firm has a regional presence in the Northeast, with offices from Maine to Washington, D.C., allowing it to serve clients with interests across the country and around the world. Through scalable staffing, careful communication and skillful project management, Verrill Dana helps individuals and businesses achieve their goals in a manner that suits their unique legal needs and preferred work methods.
Polsinelli is an Am Law 100 firm with more than 800 attorneys in 20 offices, serving corporations, institutions, and entrepreneurs nationally. Ranked in the top five percent of law firms for client service*, the firm has risen more than 50 spots over the past five years in the Am Law 100 annual law firm ranking. Polsinelli attorneys provide practical legal counsel infused with business insight, and focus on health care, financial services, real estate, intellectual property, mid-market corporate, and business litigation.
The Polsinelli Intellectual Property practice is one of the largest IP practices in the nation, with more than 120 attorneys, patent agents and scientists. Earlier this year, the Polsinelli Intellectual Practice Group was named one of four “IP Litigation Powerhouses” in the 2016 BTI Litigation Outlook Report based on interviews with more than 300 general counsel at companies with more than $1B in revenue. It was included in the Corporate Counsel IP Whack-a-mole: The 2016 Patent Litigation Survey, which ranked firms by the number of patent lawsuits for which they were listed as counsel in 2015. In that list, Polsinelli ranked No. 24, improving by 14 spots over 2015. It was also nationally ranked by U.S. News and World Report in Technology Law, Biotechnology Law and IP Litigation. Polsinelli attorneys have depth of experience in 100 service areas and 70 industries. The firm can be found online at www.polsinelli.com. Polsinelli PC. In California, Polsinelli LLP.
* 2016 BTI Client Service A-Team Report