Best Trends and Practices in Avoiding Trade Secrets and Third Parties Litigation in 2015
Companies worldwide encounters considerable challenges and critical issues when faced in a trade secrets and third parties litigation. In the past years, dealing with such problems has incurred numerous cost for companies. In this CLE webinar, the panel of notable professionals and leaders assembled by The Knowledge Group will offer the audience the best practices and trends in preventing and avoiding costly errors and penalties when dealing with a trade secrets and third parties litigations. The panel will also provide legal insights on how to ensure compliance with these best practices and practicalities to head off potential problems in the future.
Key topics include:
- Misappropriations of Trade Secrets
- Theories of Third-Party Liability
- Direct and Vicarious Liability
- Trade Secrets Directive
- Risks and Pitfalls in Trade Secrets and Third Parties Litigation
- Up to the minute Regulatory Developments
Thomas Fitzpatrick, Partner
Pepper Hamilton LLP
In the face of weakened patent protection, more companies are turning to trade secret law to keep their assets safe. But the oldest form of IP protection is now subject to the most challenges. The war for talent, the adoption of BYOD policies together with increasingly outsourced infrastructure, the ubiquity of social media and foreign government sponsored intrusions put companies’ most valuable resources at risk of theft and loss.
Our session will explore:
- Creating A Culture That Respects IP
- Identifying, Classifying & Valuing Confidential Assets
- Assessing Where Theft & Loss Occur
- Applying Protective Measures – Not “Best Practices”
- Training & Testing
- Summary Judgment & Trial
Hank Jackson, Partner
Shutts & Bowen LLP
- Definition of trade secret and who determines.
- Misappropriation through acquisition, disclosure or use: Knew or had reason to know derived through a person who acquired improperly or who had duty to maintain its secrecy.
- “Person” is broadly defined as natural person, corporation, partnership, joint venture or any other legal entity or commercial entity.
- Recoverable damages can include unjust enrichment and is not limited to breach of contract type damages. .
Brian Whiteley, Partner
Hiscock & Barclay LLP
- Understanding employee’s restrictions with previous employer:
- Scope of restrictive covenant agreements
- Brian Whiteley
- Common law duties
- Statutory duties
- Taking steps to insure employee does not breach agreements/legal obligations to former employers
- Structuring employee’s duties to protect against breach of agreements/legal obligations to former employers
- Dealing with cease and desist letters
- Defending claims for injunctive and other relief
Who Should Attend:
- Attorneys (Trade Practice)
- Public and Private Companies
- Multinational Companies
- Trade Counsel
- Trade Specialists
- Top Level Management
- Litigation Officers & Analysts
- Third Parties
- Other Related/Interested Professionals and Organizations
Thomas F. Fitzpatrick is partner and co-chair of the Intellectual Property Litigation Practice Group of Pepper Hamilton LLP, resident in the Silicon Valley office. Mr. Fitzpatrick focuses his practice on all aspects of intellectual property, including litigating patent, trade secret, trademark, technology licensing and other related disputes. He has represented both patent owners and patent defendants in federal courts throughout the country, including in the Northern, Central and Southern Districts of California, the Eastern District of Texas, the Eastern District of Virginia, the District of Delaware, the Northern District of Georgia and the District of Arizona. Most recently, Mr. Fitzpatrick has successfully represented internationally based and publicly traded companies in the computer database, telecommunications, semiconductor, Internet and power supply industries.
Mr. Fitzpatrick received his J.D. in 1997 from Santa Clara University School of Law, where he received the American Jurisprudence Award in Patent Law and was the research editor for the Santa Clara Computer and High Technology Law Journal. He received a B.A. in 1994 from the University of California Berkeley.
Thomas F. Fitzpatrick is partner and co-chair of the Intellectual Property Litigation Practice Group of Pepper Hamilton LLP, resident in …
Hank Jackson has over 25 years experience as a trial lawyer and is Board Certified in Business Litigation by the Florida Bar. He represents companies and individuals involving various claims, including misappropriation of trade secrets and unfair trade practices. Mr. Jackson has extensive experience litigating non-compete restrictions and trade secret claims arising out of the sale of a business as well as employment relationships. His cases sometimes arise out of a business break-up or business divorce - claims between and among owners within a closely held corporation, limited liability company, partnership, or professional association. As to industries, Mr. Jackson frequently represents clients in the fields of healthcare (hospitals, physicians and suppliers), hospitality (hotel owners and management companies), real estate (developers, lenders, and brokers), and financial services (banking, insurance and accounting).
Hank Jackson has over 25 years experience as a trial lawyer and is Board Certified in Business Litigation by the …
Brian Whiteley concentrates his practice in complex commercial litigation. He has represented corporate and individual clients in a variety of contexts, including securities and ERISA class action litigation, shareholder and unfair business practices matters, wage and hour class action litigation, trade secret and non-competition cases, software licensing and intellectual property disputes, and employment discrimination and wrongful termination suits. He serves as Co-Chair of the firm’s Commercial Litigation Practice Area.
Most recently, Brian has represented corporate and individual clients in several securities and ERISA class action matters consolidated in the Southern District of New York arising out of the Madoff fraud. He has also recently represented a privately-held healthcare company in the defense of non-compete and trade secret issues in the Southern District of New York and a privately-held waste management company in the prosecution of non-competition and breach of contract claims in the Northern District of Alabama. Brian has further represented officers and directors in securities suits relating to revenue recognition issues as well in Securities and Exchange Commission investigations and actions relating to insider trading and stock option backdating issues. Brian has also represented several Fortune 500 companies in breach of contract and other commercial litigation matters in state and federal courts in Massachusetts and New York and has represented a medical device developer in patent infringement litigation.
In addition to his litigation practice, Brian advises clients with respect to labor and employment issues and executive compensation.
Brian Whiteley concentrates his practice in complex commercial litigation. He has represented corporate and individual clients in a variety of …
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About Pepper Hamilton LLP
Pepper Hamilton LLP is a multi-practice law firm with more than 500 lawyers. The firm provides corporate, litigation and regulatory legal services to leading businesses, governmental entities, nonprofit organizations and individuals throughout the nation and the world.
Pepper was founded in 1890 in Philadelphia and has 13 offices nationwide, including in Berwyn, Boston, Detroit, Harrisburg, Los Angeles, New York, Orange County, Pittsburgh, Princeton, Silicon Valley, Washington, D.C. and Wilmington. The firm's major practice areas include corporate and securities law, commercial litigation, pharmaceutical and medical device litigation, construction litigation, intellectual property and financial services.
About Shutts & Bowen LLP
Shutts & Bowen is a Florida-based law firm with approximately 250 attorneys in seven offices in the State of Florida and one office in Europe. We deliver exceptional, tailored service working seamlessly across multiple practices, industry groups and offices. We are linked by an infrastructure that allows us to bring the firm's wealth of experience and resources to our clients' most demanding issues — promptly and efficiently. Shutts & Bowen values its relationships with business and individual clients, as well as the relationships formed over the years with referring national and international law firms and companies. Based around the globe, our clients include many of the Fortune 250. We also represent hundreds of clients with new ventures and mid-sized companies in emerging industries. In addition, we represent local and state governments and municipalities, and smaller enterprises of every nature.
About Hiscock & Barclay LLP
Hiscock & Barclay has 210 attorneys practicing in 30 areas of law in ten offices and has adopted an aggressive Eastern corridor strategy enabling clients to access exceptional talent in the most effective way possible. With a core platform of offices in Upstate New York, the firm has established strategic offices in nearby metropolitan hubs, including New York, Boston, Newark, Toronto and Washington, D.C. The expanded platform is perfectly situated to connect extraordinary legal talent with the needs of our clients, passing along a lower cost structure for our services. For more information on Hiscock & Barclay, visit www.hblaw.com.