HomeWebcastTrade Secrets in the 2018 Landscape: What’s In and Out
Online CLE Trade Secrets CLE

Trade Secrets in the 2018 Landscape: What’s In and Out

Live Webcast Date: Thursday, January 11, 2018 from 12:00 pm to 2:00 pm (ET)
CLE Intellectual Property LawRecording

Online CLE Trade Secrets

Join us for this Knowledge Group Online CLE Trade Secrets Webinar. With the upward trend of modern technologies and cross-border transactions, global progress has continued to spur through the years. However, coupled with these developments are significant threats against companies, especially when it comes to valuable assets like trade secrets.

Records of trade secret theft have evidently increased over the past years, and companies are left to examine trends that will help them leverage their protection program.

Join a panel of key thought leaders assembled by The Knowledge Group as they bring the audience to a road beyond the basics of trade secrets and as they delve into the current and emerging trends of trade secret protection. Speakers will also provide the audience practical defense strategies and what's in and out this 2018.

This Webcast will discuss the following key topics:

  • The Defend Trade Secrets Act (DTSA) of 2016 - Surface Discussion
  • DTSA High Profile Cases
  • Trade Secrets Misappropriation
  • Recent Trade Secret Thefts
  • Practical Defense Strategies
  • What's In and Out

Who Should Attend

  • Company Owners
  • Trade Practicing Lawyers
  • Trade Secret Specialists
  • Trade Counsel
  • In-house Counsel
  • Business Executives
  • Top Level Management
  • Other related/interested Professionals and Organizations

Faculty

Online CLE Trade Secrets
Bradford Newman
Partner, Chair of Employee Mobility and Trade Secret Practice
Paul Hastings LLP
Online CLE Trade Secrets
James Gale
Co-Chair, Intellectual Property Litigation
Cozen O'Connor
Online CLE Trade Secrets
Robert Greenfeld
Of Counsel
Steptoe & Johnson LLP
Online CLE Trade Secrets
Alan Dabdoub
Partner
Lynn Pinker Cox Hurst LLP

Click Here to Read Additional Material

Online CLE Trade Secrets

SEGMENT 1:
Bradford Newman, Partner, Chair of Employee Mobility and Trade Secret Practice
Paul Hastings LLP
  • The Defend Trade Secrets Act Of 2016: Update From The Federal Court Trenches
    • DTSA’s Seizure Provision: How Have Courts Actually Decided Such Requests?
    • The Immunity Provision in Practice: How Have Courts Decided Cases Involving this Provision?
  • High Profile Cases and Lessons To Be Learned
    • The Waymo Case: A Cautionary Tale For Practitioners
  • Trial Strategies Plaintiff and Defense Counsel Need To Know From “Minute 1”
  • 5 Key Points About Criminal Prosecution of Trade Secret Misappropriation

SEGMENT 2:
James Gale, Co-Chair, Intellectual Property Litigation
Cozen O'Connor
  • The effects of the newly adopted Federal Defend Trade Secrets Act (DTSA, 18 USC §1836) on employers, employees, former employees, and their new employers, including removal issues;
    • New cases under DTSA, including those dealing with “retroactive” application of the Act
  • The effects of new interpretation and cases under the Computer Fraud and Abuse Act (CFAA) on employers, employees, former employees, and their new employers;
  • The interstate effect of the adoption of the UTSA on the law of the inevitable disclosure doctrine (which basically imposes a covenant not to compete, even in the absence of such a covenant in a contract) and its interaction with restrictive covenant law in the various states, particularly as it relates to multijurisdictional battles;
  • The need for employers to re-draft employment agreements to take advantage of the “Safe Harbor” provisions (18 USC §1833) of the DTSA so as to allow for whistleblower claims and to try to obtain attorneys’ fees for a violation under the Act;

SEGMENT 3:
Robert Greenfeld, Of Counsel
Steptoe & Johnson LLP
  • Ownership of Trade Secrets and Its Effect on Standing
  • Ownership and Standing Under the Uniform Trade Secrets Act
  • Ownership and Standing Under the Defend Trade Secrets Act
  • Strategies in Bringing a Trade Secret Lawsuit
  • Strategies in Challenging Standing in a Trade Secret Lawsuit

SEGMENT 4:
Alan Dabdoub, Partner
Lynn Pinker Cox Hurst LLP
  1. Recent trends in attorneys’ fees recovery in trade secret misappropriation cases
    • Plaintiff’s recovery of attorneys’ fees
      • Willful and malicious appropriation under UTSA. UTSA §4(i)
        • Establishing willful and malicious appropriation
    • Defendant’s recovery of attorneys’ fees
      • Claim of misappropriation made in bad faith. UTSA §4(i).
        • Establishing bad faith
    • An award of attorneys’ fees remains within the discretion of the court
      • Factors that can impact a court’s exercise of discretion
        • Award of exemplary damages
        • What if the damage award is nominal?
  2. Recent trends in proving damages in trade secret misappropriation cases
    • Exemplary damages under UTSA
      • Factors to consider in seeking exemplary damages and defending against exemplary damages
    • Damages available under the DTSA
      • Factors to consider in establishing and opposing damage claims
  3. Using computer forensics to win trade secrets cases
    • Gaining access to an opponent’s electronic storage device
      • Strategies to consider
    • Using Computer Forensics to help prove willful and malicious conduct
      • Hard drive
      • Registry analyses
      • Home computers 

Online CLE Trade Secrets

Online CLE Trade Secrets

Bradford NewmanPartner, Chair of Employee Mobility and Trade Secret PracticePaul Hastings LLP

Bradford Newman founded and leads Paul Hastings’ International Employee Mobility and Trade Secret practice. According to Chambers, he is a recognized “authority on trade secret cases.” Mr. Newman is the author of Protecting Intellectual Property in the Age of Employee Mobility: Forms and Analysis, a comprehensive treatise published by ALM that offers authoritative guidance on legal risks and practical steps companies can take to protect their IP and remedy IP theft. He chairs the Firm’s Silicon Valley Employment Law practice and has served as the past chair of the ABA Employment Litigation Subcommittee (Business and Commercial Litigation Section). In connection with his national practice spanning many industries, Mr. Newman routinely serves as lead trial counsel in cases with potential eight and nine-figure liability, and has successfully litigated (both prosecuting and defending) a broad spectrum of trade secret and employee mobility cases in state and federal courts throughout the country.

Online CLE Trade Secrets

James GaleCo-Chair, Intellectual Property LitigationCozen O'Connor

James Gale focuses his practice in the area of intellectual property counseling and litigation. He is a registered patent attorney who focuses on matters particular to intellectual property counseling and litigation. James has represented clients in cases involving patents, trademarks, copyrights, unfair competition, covenants not to compete, theft of trade secrets and internet disputes. He has appeared in over 260 federal cases in more than 48 Federal District Courts, as well as handled hundreds of injunctions in over 35 different states around the nation. An accomplished intellectual property litigator, James’ client list includes national and international high-technology manufacturers, as well as traditional brick-and-mortar clients. James was also recently appointed to the 11th Circuit Jury Instruction Panel to assist in drafting jury instructions for the newly enacted Defend Trade Secrets Act.

Online CLE Trade Secrets

Robert GreenfeldOf CounselSteptoe & Johnson LLP

Bobby Greenfeld is Of Counsel in Steptoe & Johnson’s New York office and focuses on intellectual property litigation, prosecution, and client counseling, with special emphasis on patents and high-tech trade secrets.  His experience includes all aspects of litigation, from case management and pre-litigation evaluation to motion practice, trials, and appeals, including in Federal District courts, the U.S. International Trade Commission, and New York State courts.  He has litigated and prosecuted matters covering a broad range of technologies, including consumer electronics, semiconductors, software systems and databases, telecommunications, medical imaging, business methods and e-commerce, mechanical systems, biologics, pharmaceuticals, photography and xerography, chemicals, bioengineering, and surgical instruments.

Online CLE Trade Secrets

Alan DabdoubPartnerLynn Pinker Cox Hurst LLP

Alan Dabdoub represents plaintiffs and defendants in complex business litigation. Mr. Dabdoub has first chaired several trials (jury and bench) and arbitrations in Louisiana, Texas, New Jersey, New York and Massachusetts, with an outstanding record of success. He has experience handling class actions, business torts, commercial lease disputes, franchisor-franchisee disputes, partnership disputes, trade secret misappropriation and non-compete cases, bankruptcy related litigation, qui tam and employment litigation. Mr. Dabdoub maintains a robust practice representing companies from the following industries: oil and gas, energy, transportation, food service, manufacturing, telecommunications, agricultural, shipping, retail, advertising and finance. Mr. Dabdoub understands firsthand the interplay between litigation and business, having served as Chief Litigation Counsel for a large subsidiary of a Fortune 100 company. This insight, matched with his trial experience, equip Mr. Dabdoub to deliver outstanding client service and achieve his clients’ objectives aggressively and efficiently.

Online CLE Trade Secrets

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   Experience in trade secrets law

Course Code:
   146861

NY Category of CLE Credit:
   Areas of Professional Practice

Total Credits:
    2.0 CLE

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About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

In today’s world of transformative change, our purpose is clear — to help our clients and people navigate new paths to growth. With a strong presence throughout Asia, Europe, Latin America, and the U.S., Paul Hastings is recognized as one of the world’s most innovative global law firms.

In this fast-paced, data-driven environment it’s not enough to react to change, you must stay ahead of it. As one of today’s fastest growing law firms, we understand the imperative for innovation, efficiency, and breakthrough performance facing leading companies – and what it takes to help our clients succeed.

Website: https://paulhastings.com

Established in 1970 and ranked among the top 100 law firms in America, Cozen O’Connor has more than 650 attorneys who help clients manage risk and make better business decisions. The firm counsels clients on their most sophisticated legal matters in all areas of the law, including litigation, corporate and regulatory law. Representing a broad array of leading global corporations and middle market companies, Cozen O’Connor services its clients’ needs through 25 offices across two continents.

Website: https://www.cozen.com/

Steptoe’s US and International Intellectual Property practice enforces, protects, and develops the intellectual property rights and assets of clients in a wide range of industries.  We understand clients’ top priorities, including responsiveness, efficiency, and budgeting.  With lawyers in Chicago, New York, Los Angeles, San Francisco, and Washington, DC our full-service practice includes advocating for our clients in a variety of forums – in the courtroom, before the International Trade Commission (ITC), and through alternative dispute resolution (ADR) – to protect and enforce our clients’ trade secrets.  We are adept in litigating claims for misappropriation of trade secrets and confidential information, claims related to confidentiality agreements, covenants not to compete, and licenses, and claims under federal statutes that proscribe misappropriation and “hacking” activities such as the Defend Trade Secrets Act, the Computer Fraud and Abuse Act, and the Electronic Communications Privacy Act.

Website: https://steptoe.com/

Lynn Pinker Cox & Hurst (LPCH) is a nationally recognized trial law firm focusing on complex, high-stakes litigation. LPCH represents Fortune 500 corporations, major financial institutions, and prominent individuals, with expertise in business disputes of all types, including breach of contract, intellectual property and trade secret, class action, financial services, securities, breach of fiduciary duty and employment, as well as professional malpractice cases. The attorneys at LPCH have academic excellence, service in judicial clerkships and experience at some of the most respected law firms in the United States. LPCH has tried cases to judges and juries throughout the country with a consistent track record of success that includes numerous significant verdicts, judgments and settlements. Learn more at www.lynnllp.com.

Website: https://www.lynnllp.com/

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