Trade Secret Misappropriation: Identifying Issues, Managing Potential Risks, and Conducting Litigation
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, a panel of key thought leaders and practitioners brought together by The Knowledge Group 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
- Best Practices in Onboarding Employees
- Suspected Misappropriation and Internal Investigations
- Computer Forensics and Misappropriation of Trade Secrets
- Role in Internal Investigations
- Evidentiary Role in Litigation
- Damages: Some Strategic Considerations
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
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.
Who Should Attend:
- Trade Secret Lawyers
- Human Resources Executives
- In-House Counsel
- Top Level Management
Michael’s practice focuses on complex litigation, trade secret litigation and white collar criminal and regulatory defense. He manages all aspects of the process of dispute resolution, ranging from pre-litigation settlements to trial, including four trials and arbitrations within the last five years. Michael has served as second-chair trial attorney in a major trade secret litigation in federal court in California, securing a major defense victory on behalf of the manufacturer of a next-generation medical device. The win, which was the difference between the company liquidating or continuing operations, was described by the trial judge as "superlative" and having "saved the company," and has since been affirmed on appeal. In addition, Michael has experience representing parties in matters involving contractual disputes and issues arising under securities law, intellectual property law, bankruptcy law, employment law and tax law.
Michael’s practice focuses on complex litigation, trade secret litigation and white collar criminal and regulatory defense. He manages all aspects …
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 …
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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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Hoffman Alvary & Company LLC
About Cooley LLP
Clients partner with Cooley on transformative deals, complex IP and regulatory matters, and high-stakes litigation, where innovation meets the law. Cooley understands how critical trade secrets are to the viability and success of our clients. That is why our team works closely with our clients on a daily basis to help define, protect and enforce their trade secrets. We have a deep understanding of the business issues that frequently drive disputes revolving around trade secrets, as well as the nuances behind them, and we pride ourselves on our ability to craft creative legal and business strategies to resolve these matters to our client's advantage. Cooley has 1,000+ lawyers across 15 offices in the United States, Asia and Europe.
About Hoffman Alvary & Company LLC
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.