The Defend Trade Secrets Act: Securing Your Trade Secrets in 2017
The biggest and most drastic change in trade secret law occurred during the second quarter of 2016 when the Defend Trade Secrets Act (DTSA) was enacted to create a uniform national standard for trade secrets litigation and provide remedies against foreign misappropriations and a federal civil action for trade secrets theft. More developments, interesting issues, and trade secret litigation are expected to emerge in 2017 as courts begin to construe the framework of DTSA.
In this LIVE Webcast, a panel of thought leaders and professionals brought together by The Knowledge Group will provide the audience an in-depth discussion of the fundamentals as well as recent trends and developments in the Defend Trade Secrets Act.
Key topics include:
- The DTSA Under Trump’s Administration
- Defend Trade Secrets Act - In the 2017 Landscape
- DTSA in the 2016 Landscape: A Recall
- Trade Secret Litigation Trends in 2017
- Trade Secret and Non-Compete Law
- Investigations Under DTSA
- DTSA Injunctions
- Seizure Provisions of the DTSA
- Threatened Disclosure vs Inevitable Disclosure Injunctions
- New Immunity for Whistleblowers
- Recent Cases and Hot Topics
Bret A. Cohen, Member
Mintz Levin Cohn Ferris Glovsky and Popeo PC
Katherine E. Perrelli, Partner
Seyfarth Shaw LLP
- DTSA Background
- Reasons for/against a federal trade secret statute
- Timeline as to passage
- Legislative history
- DTSA Language
- What does the DTSA provide, in general terms? More specifically:
- Definitions section
- Ex parte seizure
- Immunity provision/employer obligation to notify
- Civil v. Criminal Court
- Damages/Penalties under the DTSA
- Differences between DTSA, UTSA, and state remedies
- What does the DTSA provide, in general terms? More specifically:
- The DTSA Aftermath
- What employers can do to avail themselves of certain DTSA protections/remedies
- What employers can do to secure their trade secrets/confidential information
- DTSA Litigation
- Litigation starts with the employment agreement, if any, and termination of employment (e.g. exit interview process)
- Consideration of relief sought, i.e. declaratory, injunctive, legal remedies
- Consideration of personal jurisdiction, venue, choice-of-law, naming defendants
- Other litigation strategy considerations
- Key Decisions under the DTSA
Who Should Attend:
- Trade Practicing Lawyers
- Employment Lawyers
- Trade Counsel
- Trade Specialists
- Trade Secret Owners
- Public and Private Companies
- Multinational Companies
Katherine Perrelli is a partner in Seyfarth Shaw’s Boston office and Chair of the firm’s national Litigation Department. She is a trial lawyer with over 25 years of experience representing regional, national, and international corporations in the financial services, manufacturing, technology, pharmaceutical, and biotech industries. Her practice focuses on trial work and counseling in the areas of trade secrets and restrictive covenants, unfair competition and complex commercial disputes, including dealer/franchise disputes, and contract disputes. Her experience spans all forms of dispute resolution, including mediation and arbitration, as well as litigation in federal and state courts and before administrative agencies across the country. Ms. Perrelli is a certified Six Sigma Green Belt. Using Lean Six Sigma and project management methodologies, the firm’s SeyfarthLean approach delivers increased value to clients at a time of increased market pressures and competitive demands. Ms. Perrelli has been selected regularly as one of Massachusetts’ “Super Lawyers” and “Top Women Lawyers” in a joint survey conducted by the publishers of Law and Politics magazine and Boston magazine, as part of a special publication entitled “The Top Attorneys in the Northeast.”
Katherine Perrelli is a partner in Seyfarth Shaw’s Boston office and Chair of the firm’s national Litigation Department. She is …
Bret Cohen is Co-chair of the firm’s Employee Mobility, Non-Competes & Trade Secrets Practice. He represents employers in a broad array of employment-related litigation matters. Bret writes and presents extensively on employment law issues and has authored a number of articles relating to the Defend Trade Secrets Act.
He frequently lectures on practice before the Massachusetts Commission Against Discrimination and on practice before the state and federal courts. Bret writes and lectures extensively on employment law issues, and has served as a contributing author for the Employment Litigation chapter of the Annual Review of Developments in Business and Corporate Litigation, American Bar Association for a number of years.
He has been recognized for twelve years by Chambers USA for Labor and Employment practice in Massachusetts and is included by invitation as a Fellow of the Massachusetts Bar Foundation.
Bret Cohen is Co-chair of the firm’s Employee Mobility, Non-Competes & Trade Secrets Practice. He represents employers in a broad …
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NASBA Field of Study:
Business Law - Technical
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About Seyfarth Shaw LLP
Seyfarth Shaw LLP has more than 850 attorneys in the U.S., London, Shanghai, Melbourne and Sydney. We advise clients in practice areas including commercial and employment litigation, trade secrets, intellectual property, labor and employment, employee benefits and executive compensation, corporate (including M&A, capital markets, venture and private equity), construction, real estate, environmental, government contracts, tax, trusts and estates, and workouts and bankruptcy, among others. We have gained acclaim for our innovative SeyfarthLean® client service model, which incorporates the core principles of Lean Six Sigma to the delivery of legal services, and we continue to develop new reporting and project management tools for greater transparency and collaboration with our clients. Our efforts have contributed to our recognition by in-house counsel as among the best for client service in BTI Consulting’s Client Service A-Team and named by the Financial Times U.S. Innovative Lawyers Report among the most innovative law firms.
About Mintz Levin Cohn Ferris Glovsky and Popeo PC
Mintz Levin is a full service firm with more than 500 attorneys serving clients of all sizes and at all stages of growth. Founded more than 80 years ago, the firm has eight offices operating on both the east and west coasts of the United States and in London. Additionally, we have a government relations consulting affiliate, ML Strategies, which has a strong health care policy and advocacy capability.
The firm’s Employment, Labor and Benefits practice covers a comprehensive range of issues, helping clients manage questions, conflicts, and issues that arise throughout the employment life cycle, from hiring through termination. The trade secrets professionals of the ELB practice collaborate with the Intellectual Property team to manage complex trade secrets matters, and are working closely together to help clients assess the impact and implications of the Defend Trade Secrets Act.
Our attorneys are no-nonsense, get-to-the-root-of-the-problem kind of people. If there’s a faster way to get there, we’ll find it. It’s our job to give you clear answers and sound solutions.
We focus on what matters to you — whether it’s overcoming a legal challenge, taking your business to the next level, or having a trusted partner for ongoing legal advice. Think of us as an extension of your team with the legal know-how, connections, and industry experience to safeguard your interests.