National Developments in Trade Secret Misappropriation: Trends in DTSA Litigation Post Enactment and Approaches to Damages and Best Practices
Trade secrets are among the most valuable assets for businesses. Because of their significance, corporations have continued to increase protections over their confidential materials, and the legal landscape has evolved, including passage of the federal Defend Trade Secrets Act. However, misappropriation cases still abound.
Amidst the evolving legal landscape, it is imperative that companies and their counsel understand the latest developments to prevent against the risks of trade secret misappropriation. Understanding appropriate strategies for litigating cases and maximizing or minimizing damages is also of paramount importance.
In this LIVE Webcast, trade secret experts Christopher DeBaere (Hoffman Alvary & Company LLC) and Thomas Woods (Stoel Rives LLP) will offer a discussion on how businesses can effectively protect their trade secrets and, thus, manage misappropriation risks. Speakers will also offer practical strategies in bringing out the best in these lawsuits considering notable cases.
Key topics include:
- Recent Legal Developments
- Notable Cases
- Managing Top Trade Secret Misappropriation Risks
- Damages - Key Issues
- Litigation Strategies
Thomas A. Woods, Partner
Stoel Rives LLP
- Developments with the Defense of Trade Secrets Act (DTSA)
- How does the DTSA differ from state laws?
- Did the DTSA accomplish its stated goal of accomplishing uniformity?
- How are Litigants treating DTSA claims over the last three years?
- Developments in Litigating and Prosecuting International Trade Secret Claims (foreign invasion of trade secrets)
- Best Practices from Recent Observations in Litigation
- How to protect, and not unprotect, trade secrets: employment agreements, employee policies, etc.
Christopher DeBaere, CFA, Principal
Hoffman Alvary & Company LLC
- Overview of Available Remedies for Trade Secret Misappropriation
- Potential Approaches and Considerations for Each Remedy:
- Actual Losses
- Unjust Enrichment
- Reasonable Royalty
- Common Issues
- Exemplary Damages
Who Should Attend:
- Trade Secret Lawyers
- Human Resources Executives
- In-House Counsel
- Top Level Management
Tom Woods is a complex civil litigator with multiparty, mass tort and class action litigation experience. He represents corporate and individual clients in state and federal courts, and at arbitration, in cases involving a range of issues including: real estate and financial services disputes; breaches of contract; breaches of fiduciary duties and duties of loyalty; misappropriation of trade secrets; fraud; negligence; contractual and equitable indemnity; unfair, unlawful and fraudulent business practices; and shareholder derivative claims. Tom’s corporate clients span industries from lenders to loan servicers, to medical device and household product manufacturers.
Tom Woods is a complex civil litigator with multiparty, mass tort and class action litigation experience. He represents corporate and …
Chris DeBaere is a Principal of Hoffman Alvary. Mr. DeBaere’s practice focuses on financial analysis for disputed matters and strategic and business valuation consulting. Mr. DeBaere analyzes financial damages in a variety of contexts, including patent infringement, trade secret misappropriation, breach of contract, false advertising, and other commercial disputes. He is experienced in preparing complex damages analyses relating to lost profits, price erosion, reasonable royalty, and unjust enrichment remedies.
Mr. DeBaere prepares business and intellectual property valuations for transactions and litigated matters, including shareholder freeze-outs and bankruptcy proceedings. He has particular experience valuing interests in technology-driven businesses and privately-held entities with complex capital structures. Mr. DeBaere also assists patent holders in developing licensing and monetization strategies, and he is regularly engaged to value patents and other intellectual properties.
Mr. DeBaere received a B.A. in Economics and Art History from Williams College and an M.B.A. from the F.W. Olin Graduate School of Business at Babson College. Mr. DeBaere also holds the Chartered Financial Analyst® designation.
Chris DeBaere is a Principal of Hoffman Alvary. Mr. DeBaere’s practice focuses on financial analysis for disputed matters and strategic …
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Method of Presentation:
General knowledge of trade secrets law
NY Category of CLE Credit:
Areas of Professional Practice
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About Stoel Rives LLP
Stoel Rives is a leading U.S. corporate and litigation law firm. One of the largest national firms focused on energy, natural resources, climate change and the environment, Stoel Rives also serves the agribusiness, food and beverage, health care, life sciences, and technology industries. With more than 350 attorneys operating out of 10 offices in seven states and the District of Columbia, Stoel Rives is a leader in regulatory and compliance matters, and business, labor and employment, intellectual property, land use, and real estate development and construction law.
About Hoffman Alvary & Company LLC
Hoffman Alvary & Company is a consulting firm providing independent advisory services to law firms, their clients and other institutions worldwide.
The firm’s Intellectual Property and Valuation Consulting practices assist companies and their counsel in a broad range of areas including expert witness testimony, licensing matters, valuations and general business consulting. The firm’s principals are experienced in determining and testifying to the amount of damages arising from the infringement of intellectual properties, and as well as in analyzing financial, accounting and economic issues in investigations before the International Trade Commission.
The firm’s Law Firm Consulting practice focuses on management consulting to major law firms throughout the United States, Canada, the UK and Europe, and works regularly with nearly half the AmLaw 100 and AmLaw Second Hundred firms in their strategic and tactical considerations.
For more information on Hoffman Alvary, visit www.hoffmanalvary.com.