Trade Secret Theft in the Information Age: Defensive and Offensive Strategies for Prevention and Mitigation
As the name suggests, trade secrets derive their principal value from being kept secret and available for use by only their owner. Yet in our digital world, where most information resides on computer networks, electronic storage devices or “the cloud,” trade secrets are highly vulnerable to theft by both insiders and third parties. Computer hacking, economic espionage, identity theft and invasions of personal privacy are related threats that are outgrowths of the information age in which we live. These issues present a huge, global challenge and it is a war that, at present, the “good guys” are not winning.
Against this backdrop, the Knowledge Group has enlisted two leading trade secret litigators to share their practical insights and strategies to help companies protect their trade secrets. Their presentation will address the following topics:
- Overview of trade secret law.
- Trade secrets distinguished from other types of intellectual property.
- Nature and sources of the threat (recent notorious examples).
- Sources of protection – common law, Uniform Trade Secret Act, federal statutes.
- Potential criminal prosecution.
- Proposed federal trade secret legislation.
- Global laws and issues.
- Trade secret audits
- Contractual provisions to safeguard trade secrets and other business interests.
- Best practices for avoiding trade secret theft.
- What to do immediately upon discovery of trade secret theft.
- To sue or not to sue.
- TROs and preliminary injunctions.
- Forensic investigations.
- Potential causes of action.
- Proving a trade secret claim.
- Role of experts.
- E-discovery issues.
Steven M. Kayman, Partner
Proskauer Rose LLP
- Legal protections afforded trade secrets under the common law, the Uniform Trade Secrets Act, the Computer Fraud & Abuse Act and the Economic Espionage Act.
- Kinds of information that can be protected under trade secrets law.
- Contractual provisions used to safeguard trade secrets and related business interests.
- Litigating trade secret cases, including theories of liability, injunctive relief and monetary relief.
William Collins, Jr, Partner
Burr and Forman LLP
- The need for and components of a trade secret audit and protection plan
- What to do immediately upon discovering trade secret theft
- The biggest challenges in proving a civil trade secrets claim
- The substance and status of the potential Federal Trade Secret legislation
- Additional causes of action in a trade secrets case
Who Should Attend:
- Attorneys (International Trade Practice)
- Public and Private Companies
- Multinational Companies
- International Counsel
- International Trade Counsel
- International Trade Specialists
- International Arbitration Lawyers
- Top Level Management
- Risks Officers and Administrators
- Risks Analysts
- Other Related/Interested Professionals and Organizations
Steven Kayman is a partner in Proskauer's Litigation Department. He focuses on intellectual property litigation but, in his 30 plus years of practice — all with Proskauer — he also has had extensive experience in litigating disputes involving securities, bankruptcies and workouts, real estate, employment, contracts and many other commercial matters. Steve founded Proskauer's Non-Compete and Trade Secrets Group and has served as a co-head of the group for many years. He also chaired Proskauer's firmwide Technology Committee for eight years, with oversight responsibility for all of Proskauer's information services, technology, knowledge management and practice support operations.
Steve has particular experience and command in matters involving the movement of employees between competitors, the appropriation of trade secrets, employee raiding and liftouts, and agreements containing non-competes and other restrictive covenants.
Clients have called on him when their employees have jumped ship to a competitor, when hiring a competitor's employees, and to craft agreements, policies and procedures aimed at protecting the client's confidential information, other intellectual property, and relationships with its customer base and workforce. Steve has litigated for and counseled clients in thousands of disputed matters in these areas, including major banks and insurance companies, other financial institutions, leading consulting firms, and media and entertainment companies. He also has written and lectured extensively about trade secrets and non-competes.
Steven Kayman is a partner in Proskauer's Litigation Department. He focuses on intellectual property litigation but, in his 30 plus …
Chip Collins is a partner and business litigator in the Atlanta office of Burr & Forman LLP. His practice is largely focused on litigating and arbitrating non-compete and trade secret disputes, counseling employers and executives on unfair competition issues, and drafting employment and severance agreements. Chip is a frequent commentator on non-compete and trade secret issues, having been featured in publications including the Atlanta Business Chronicle, Attorney at Law, and Business to Business, and he started his firm's unfair competition blog (noncompetetradesecretslaw.com), to which he is a regular contributor. He has presented seminars on trade secret and non-compete law for ICLE in Georgia and has recently been a guest lecturer at the Emory University School of Law.
Chip Collins is a partner and business litigator in the Atlanta office of Burr & Forman LLP. His practice is …
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Method of Presentation:
NASBA Field of Study:
Specialized Knowledge and Applications
NY Category of CLE Credit:
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About Proskauer Rose LLP
Proskauer is a global law firm recognized for its excellence both in practicing law and serving clients. We are trusted advisors to many of the world’s top companies, financial institutions, investment funds, not-for-profit institutions, governmental entities and other organizations across industries and borders. With 700+ lawyers in 13 offices and approximately 50 areas of practice, we have the capabilities, experience and creativity to guide our clients through their most important legal and business challenges.
About Burr and Forman LLP
Burr & Forman LLP is a century old, full-service law firm with a forward-thinking approach to providing legal solutions. We have nearly 300 attorneys in 9 offices throughout Alabama, Florida, Georgia, Mississippi and Tennessee. Burr & Forman offers a wide range of business and litigation services to diverse clients with local, national and international interests.