Trade Secret Mediations in 2017: What You Need to Know
In most intellectual property cases, particularly in trade secret disputes, mediation can be a highly effective mechanism to resolve conflicts early on. It can enable things that are not possible in court, such as private caucuses between a mediator and each party involved where private resolution of the issue can be offered.
Companies seeking mediation should first know their actual trade secrets and how to protect it. With the help of an experienced mediator, both parties can be able to identify the strengths and weaknesses of the case, and the requirements and risks of proving and disproving trade secret claims.
In this LIVE Webcast, a panel of distinguished professionals and thought leaders organized by The Knowledge Group will help the audience understand the fundamentals of trade secret mediations. They will discuss how to leverage mediation for resolving trade secret disputes and avoid costly, slow and uncertain judicial process.
Key topics include:
- Mediating Trade Secret Disputes
- Confidentiality, Counsel and Mediator Ethics
- Selecting a Mediator
- The Role of Counsel in Mediation
- Preparing for a Mediation Session
- Drafting and Enforcing a Settlement Agreement
Robert Milligan, Partner
Seyfarth Shaw LLP
- Brief overview of trade secret litigation as it relates to dispute resolution
- Timing of mediation and discovery/information exchange before mediation
- Client preparation and expectation setting
- Remedies and business solutions
George F. Ritchie, Member
Gordon Feinblatt LLC
- Identifying the right mediator: do you need a “hammer” or a “velvet touch”? What kind of background does the mediator need?
- Pros and Cons of opening statements in mediation
- Use of mediators to resolve ongoing IP development issues between the parties during litigation
Jerry Cohen, Mediator/Arbitrator
- Mediator as a monitor of compliance with an agreed or court ordered resolution of trade secret issues or partial enforcement of a non-competition agreement or to aid in renegotiation;
- Mediated dispute resolution as to trade secrets (as a main issue or collateral issue) in US courts, at ITC, in USPTO/PTAB/TTAB, re FDA, for BPCIA-“dance” and in other US and foreign court/agency proceedings and in arbitration, including pre-filing, discovery, stipulations, motions, appeals; and
- Medarb and mediator proposals –when to use and when to avoid in mediation of trade secret disputes
Who Should Attend:
- Trade Secret Practicing Lawyers
- In-House Counsel
- Legal Consultants
- Corporate Counsel
- Corporate Executives
- Multinational Companies
- Public and Private Companies
- Other Related/Interested Professionals
Robert B. Milligan is a partner in the Litigation and Labor & Employment Departments of Seyfarth Shaw LLP. Mr. Milligan co-chairs the firm's Trade Secrets, Computer Fraud & Non-Competes practice group. His practice encompasses a wide variety of commercial litigation and employment matters, including general business and contract disputes, unfair competition, trade secret misappropriation and other intellectual property theft, franchise litigation, real estate litigation, insurance bad faith, invasion of privacy, consumer and employee class actions, wrongful termination, discrimination and harassment claims, wage and hour disputes, ADA and OSHA compliance, whistleblower and SOX cases, bankruptcy, and other business torts. His practice focuses on trade secret, non-compete, and data protection litigation and transactional work on a state, national, and international platform.
Mr. Milligan represents 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. Mr. Milligan also provides advice to clients concerning a variety of business and employment matters, including non-disclosure, non-compete, and invention assignment agreements, corporate investigations, trade secret and intellectual property audits, commercial landlord/tenant disputes, ADA and OSHA compliance, and an assortment of franchise and bankruptcy issues.
Robert B. Milligan is a partner in the Litigation and Labor & Employment Departments of Seyfarth Shaw LLP. Mr. Milligan …
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 …
Jerry Cohen, Esq. has had a broad spectrum career in intellectual property law, including trade secret law and practice, and related activities including mediation, arbitration, litigation, business organization, finance, patent examination, regulation and business and legal ethics.
Jerry has more than 40 years of experience handling patent, copyright, trademark, trade secret, unfair competition, antitrust and IP misuse, licensing/franchising, visual arts, software, databases and publication law, formation and operation of business enterprises and not-for-profit organizations, international trade, litigation/ADR, and legal ethics. He manages the acquisition, licensing and litigation of intellectual property rights. He has also served as an expert witness, arbitrator and mediator in intellectual property matters. He is a before partner in the Boston law firm Burns & Levinson LLP.
Mr. Cohen is a member of the D.C., Massachusetts, Rhode Island, and various Federal Court bars and registered to practice before the U.S. Patent and Trademark Office and Canadian Patent Office. He was selected for inclusion in the 2010-2016 editions of Best Lawyers in America in the Intellectual Property specialty. He is the author of annual updates of Modern Patent Law Precedent and also of International Trade Practice (re ITC Practice) and teaches IP subjects at Roger Williams Law School in Rhode Island and at IP bar seminars.
Jerry Cohen, Esq. has had a broad spectrum career in intellectual property law, including trade secret law and practice, and …
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Method of Presentation:
Experience in Trade Law
NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
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About Seyfarth Shaw LLP
Seyfarth Shaw LLP has more than 900 attorneys in the U.S., London, Shanghai, Melbourne and Sydney. We advise clients in practice areas including labor and employment, employee benefits and executive compensation, corporate (including M&A, capital markets, venture and private equity), commercial and employment litigation, construction, real estate, environmental, intellectual property, 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 ‘Best of the Best’ for client service within the 2015 BTI Consulting Group's Client Service A-Team and being named by the Financial Times U.S. Innovative Lawyers Report among the most innovative law firms.
About Gordon Feinblatt LLC
Gordon Feinblatt LLC is a collection of legal boutiques working together to provide a legal advantage for our clients, 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 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. Nineteen attorneys are named in Maryland Super Lawyers 2017.
JAMS is the largest private alternative dispute resolution (ADR) provider in the world. With its prestigious panel of neutrals, JAMS specializes in mediating and arbitrating complex, multi-party, business/commercial cases – those in which the choice of neutral is crucial. Founded in 1979 JAMS has nearly 350 full-time neutrals, including retired judges and attorneys with proven track records. 200 employee associates. ADR services provided include facilitative and evaluative mediation, binding arbitration, neutral case evaluation, settlement conference, mini trial, summary jury trial, neutral expert fact finding, special master, discovery referee, class action settlement adjudication, project neutral and dispute review board services.