Trade Secrets in 2017: Recent Legal Trends and Developments
Unquestionably, US companies face an increasing threat of cyberattacks from rival companies and foreign governments and the likely targets are trade secrets and other sensitive business information. Since many US companies have overseas operations, the threat of trade secret theft is on the rise which results to billion-dollar intellectual property (IP) theft losses annually.
To address the perceived insufficient legal protection of trade secrets, lawmakers have enacted a series of laws, such as the Economic Espionage Act of 1996 (EEA) and the Defend Trade Secrets Act (DTSA). The US Congress may also support further law and policy efforts aimed at improving trade secret protection. An increase in criminal enforcement efforts is also expected as President Trump indicates the value he gives on IP protection.
In this two-hour LIVE Webcast, a panel of distinguished professionals and thought leaders organized by The Knowledge Group will help businesses and IP counsel understand the recent legal trends and developments in relation to trade secrets. They will provide a comprehensive outlook for the year ahead and will also underscore best practices in protecting trade secrets.
Key topics include:
- Trade Secret: Current Legal Trends and Developments
- Trade Secret Theft
- Trade Secret Protection under the Trump Administration
- Best Practices to Protect Trade Secrets
- Legislative Outlook
James A. Gale, Co-Chair, Intellectual Property Litigation
Joshua Salinas, Attorney
Seyfarth Shaw LLP
- Overview of Defend Trade Secrets Act
- Recent Interpretations (M.D. Fla. and S.D.N.Y.) re: actionability of continued misappropriation commenced prior to enactment of the DTSA
- Immunity for certain disclosures 18 USC 1833; notice required in employment agreements; waiver of attorneys’ fees and exemplary damages upon failure to include
- Computer Fraud and Abuse Act
- Economic Espionage Act (which DTSA amended) defines misappropriation
- DTSA ex parte seizure provision; recent interpretations, including Henry Schein v. Cook (N.D.Calif.)
- Computer Abuse and Data Recovery Act (Florida and other states)
- Noncompete and nonsolicit agreements; viability of use in protecting trade secrets; applicability of certain state laws, e.g. California
- Best practices for onboarding and offboarding
Patrick Sorek, Member
Burns White LLC
- DTSA high profile cases
- CFAA recent cases, including criminal prosecution in N.Y.
- Liability issues for departing employees downloading information to protect themselves
- Remedies for company from which information was taken
- Defenses for company hiring the departed employee
- Balancing test in enforcing contract
Shawn Fox, CPA/ABV, CFA, ASA, Managing Director, Dispute Advisory
- Measurement of the Plaintiff’s Loss (plaintiff’s lost profits, valuation of trade secrets, diminution in value of business, research and development costs of trade secret, and increased costs to restore the effects of the misappropriation)
- Measurement of the Defendant’s Financial Gain (defendant’s unjust enrichment, disgorgement of profits from sales to new customers, head-start damages – time savings or/or acceleration to market, avoided research and development, valuation of trade secrets taken by defendant, and defendant’s cost efficiencies and increased operating profits)
- Reasonable Royalty
- Defendant’s Rebuttal Strategies for Damages Calculations
Who Should Attend:
- Trade Practicing Lawyers
- Trade Specialists
- Trade Counsel
- In-house Counsel
- Business Executives
- Top Level Management
- Other related/interested Professionals and Organizations
Patrick Sorek is a Member at Burns White LLC, with a practice focused on employment and commercial litigation. From drafting non-compete and non-solicitation agreements, to advising about enforceability, to enforcing or defending against enforcement in court, Mr. Sorek is well-versed in protecting sensitive company information. A seasoned trial attorney, he also has considerable experience in other employment litigation for private and government employers. Of note — he has litigated civil rights and whistleblower cases, and obtained a million-dollar jury verdict in a First Amendment case. Mr. Sorek’s broad experience comes from years of working at the Pittsburgh Federal Courthouse and serving as a Trial Attorney with the Civil Division, U.S. Department of Justice in Washington, D.C., through the Attorney General’s Honor Program.
Patrick Sorek is a Member at Burns White LLC, with a practice focused on employment and commercial litigation. From drafting …
Shawn Fox is a managing director in the dispute advisory practice of Sikich. He has 20 years of accounting and consulting experience. As a certified public accountant, Shawn provides dispute advisory and litigation services, fraud and forensic accounting investigative services, and valuation services to organizations and their counsel.
Shawn directs forensic investigations and analysis across a wide range of areas, including complex damages, lost profits, intellectual property infringement, merger and acquisition, class action, and bankruptcy litigation, as well as valuation and insurance coverage disputes.
With significant experience in the preparation of expert reports, Shawn assists clients in all phases of litigation, including case assessments, discovery, document review, damages analysis, and demonstrative exhibits. He has testified in approximately 40 different cases at deposition, trial, and arbitration as an expert witness and has served as a court-appointed receiver. Shawn has been qualified as an expert witness in federal district and bankruptcy courts and state courts across the U.S.
Shawn also leads investigations on financial restatements and financial reporting fraud, regulatory investigations, assessing fraud risk, corporate investigations, employee misconduct, and whistleblower matters.
Prior to joining Willamette Management Associates, he was the Partner-in-Charge of McGladrey LLP’s litigation and investigation consulting services practices for the Central Region and a Managing Director of BDO’s litigation and dispute resolution practice in Chicago.
Shawn Fox is a managing director in the dispute advisory practice of Sikich. He has 20 years of accounting and …
Joshua Salinas is an attorney at Seyfarth Shaw LLP in Los Angeles, where he practices commercial litigation with a focus on trade secrets, employee mobility, unfair competition, and computer fraud. Mr. Salinas co-authors updates to chapters in the Continuing Education of the Bar’s Trade Secrets Practice in California treatise (CH 4A Audits and CH 11 Litigation) and Thomson Reuters’ Data Security and Privacy Law treatise (CH 6 Data Security Statutes). He has also spoken in the areas of trade secret protection strategies and social media, and is a regular contributor to his firm’s law blog, http://www.tradesecretslaw.com.
Joshua Salinas is an attorney at Seyfarth Shaw LLP in Los Angeles, where he practices commercial litigation with a focus …
Thomas A. Dye is a nationally recognized intellectual property and commercial litigator with extensive first chair jury trial experience. Mr. Dye regularly litigates issues related to trade secrets and non-compete agreements, patents, copyrights and trademarks, breach of fiduciary duty, contract disputes and unfair and deceptive trade practices. He has been a leader in the ABA Litigation Section where he has lectured on trade secrets and other litigation topics. He served as vice-chair of the ABA Business Torts Committee and edited the Business Torts Journal.
Mr. Dye has also lectured at the American Intellectual Property Law Association Annual Meeting, the Florida Bar Annual Conference, the IBM Legal Summit, and for the National Institute on Trial Advocacy. He also has been an instructor in trial advocacy at the University of Miami. Mr. Dye has been named to the Best Lawyers in America, Florida Super Lawyers and Florida Legal Elite lists.
Thomas A. Dye is a nationally recognized intellectual property and commercial litigator with extensive first chair jury trial experience. Mr. …
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Method of Presentation:
Experience in trade law
NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
Areas of Professional Practice
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About Burns White LLC
Burns White LLC is a full-service law firm that provides corporate and litigation counsel to clients operating across a broad spectrum of industries nationwide. Harnessing the collective skill of more than 130 attorneys, the law firm operates offices in Delaware, New Jersey, Ohio, Pennsylvania and West Virginia.
About Sikich LLP
Sikich LLP, a leading professional services firm specializing in accounting, technology, investment banking and advisory services, has more than 750 employees throughout the country. Founded in 1982, Sikich now ranks as one of the country’s Top 35 Certified Public Accounting firms and is among the top 10 of all enterprise resource planning solution partners in the country. From corporations and not-for-profits to state and local governments, Sikich clients can use a broad spectrum of services and products that help them reach long-term, strategic goals.
About Seyfarth Shaw LLP
Seyfarth Shaw LLP provides thoughtful, strategic, practical legal counsel to client companies and legal teams of all sizes. With more than 900 attorneys in the U.S., London, Shanghai, Melbourne and Sydney, we offer a national platform and an international gateway to serve your changing business and legal needs in litigation, employment, corporate, real estate and employee benefits. 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.
About Cozen O'Connor
Ranked among the top 100 law firms in the country, Cozen O’Connor has more than 600 attorneys in 24 cities across two continents. We are a full-service firm with nationally recognized practices in litigation, business law, and government relations, and our attorneys have experience operating in all sectors of the economy. Our diverse client list includes global Fortune 500 companies, middle-market firms poised for growth, ambitious startups, and high-profile individuals.