Trade Secrets Litigation in 2019 and Beyond: Strategic Approach in Pursuing Misappropriation Cases
Trade secret litigation in the Federal Courts has grown rigorously high since the developments in trade secret litigation analytics. With the continuously evolving trends and developments surrounding this area of law, the risk of trade secret misappropriation also increases. However, under the Defend Trade Secret Act (DTSA), recovering misappropriated trade secrets from former employees through ex parte seizure orders could be a great help in addressing such a situation.
In order to prevent misappropriated trade secrets dissemination and as well as to provide a strategic approach in pursuing misappropriation cases, companies should be up to date of the recent trends and developments in trade secret litigation.
Listen as a panel of distinguished professionals and thought leaders organized by The Knowledge Group provide the audience with the latest and significant issues in trade secret litigation. Speakers, among other things, will provide a practical guide and strategic approach in dealing with misappropriated trade secrets cases.
Some of the major topics that will be covered in this course are:
- Trade Secret Litigation in the 2019 Landscape
- Recent Trends and Developments
- Common Pitfalls and Risk Issues
- Best Strategies in Managing Misappropriation Cases
- What Lies Ahead
Randall Kahnke, Partner
Faegre Baker Daniels
- Identify the trade secrets.
- Be reasonable about reasonable efforts
- Tell a compelling story
James Gale, Co-Chair, Intellectual Property Litigation
- Introduction and case review.
Daniel McGavock, Vice President and Practice Leader--Intellectual Property
Charles River Associates
- Notable Recent Trade Secret Awards and Settlements
- Trade secret damages approaches
- Key damages issues and lessons learned from recent cases:
- Trade Secret Definition and Alignment with Damages Theory
- O2 Micro Intl. Ltd. v Monolithic Power Systems, Inc.
- BladeRoom Group v. Facebook et al.
- Unjust Enrichment vs. Reasonable Royalty
- University Computing Co. v. Lykes-Youngstown Corp.
- Steves and Sons, Inc. v. JELD-WEN, Inc.
- CardiAQ Valve Technologies, Inc. v. Neovasc Inc.
- Trade Secret Definition and Alignment with Damages Theory
- Lessons Learned From Other Recent Cases
James A. Gale focuses his practice in the area of intellectual property counseling and litigation. He is a registered patent attorney with over 33 years of experience and Martindale AV Preeminent© rated, Board Certified in Intellectual Property by the Florida Bar, an AAA Arbitrator and the former inaugural chair of the IP Board Certification Committee. Jim has represented clients in hundreds of cases involving patents, trademarks, copyrights, unfair competition, covenants not to compete, theft of trade secrets and internet disputes. He has appeared in over 400 federal cases in more than 48 Federal District and Circuit Courts, as well as handled hundreds of injunctions in over 35 different states around the nation.
James A. Gale focuses his practice in the area of intellectual property counseling and litigation. He is a registered patent …
Randy Kahnke has been the lead trial attorney on cases from New York to California and touching three continents. He represents clients in complex commercial and intellectual property litigation, and protects the valuable trade secrets and intellectual property that are critical to clients’ businesses. Randy has extensive consulting, pretrial and trial experience with complex commercial and intellectual property disputes, and he has served as group head of the firm's business litigation practice.
Randy Kahnke has been the lead trial attorney on cases from New York to California and touching three continents. He …
Daniel M. McGavock is Vice President and Intellectual Property Practice Leader of Charles River Associates. For over 30 years, his business consulting practice has focused on intellectual property damages analysis, valuation, business strategy, and transactions. He has provided expert testimony in federal courts, state courts, the U.S. Court of Claims, the International Trade Commission, the Patent Trial and Appeal Board, and both domestic and international arbitrations. His testimony has addressed a broad range of financial and economic issues, including lost profits, unjust enrichment, reasonable royalty, commercial success, irreparable harm, and the domestic industry requirement in Section 337 ITC matters. Outside of litigation, he has performed intellectual property valuations for a variety of business, tax, and transactional purposes and has participated directly in licensing negotiations, strategy development, and compliance audits.
Daniel M. McGavock is Vice President and Intellectual Property Practice Leader of Charles River Associates. For over 30 years, his …
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Method Of Presentation:
Experience in trade secrets law
NY Category of CLE Credit:
Areas of Professional Practice
NASBA Field of Study:
Business Law - Technical
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About Cozen O'Connor
Established in 1970, Cozen O’Connor has more than 700 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 29 offices across two continents.
About Faegre Baker Daniels
Faegre Baker Daniels is an international law firm dedicated to serving the legal needs of regional, national and international businesses. Our locations span coast to coast, cover the heartland, and extend to the U.K. and China – with regional and national coordinating capabilities across hundreds of jurisdictions. We collaborate to achieve clients’ objectives – bringing together the best-matched expertise and resources from across our global platform. Our 750 legal and consulting professionals partner with clients ranging from emerging startups to multinational corporations, delivering advice customized to each company’s business needs on complex transactions, regulatory matters and litigation. Based in Washington, D.C., Faegre Baker Daniels Consulting is our national advisory and advocacy division that integrates public policy and regulatory capabilities with the rest of the firm’s legal services.
About Charles River Associates
Charles River Associates is a leading global consulting firm that offers economic, financial, and strategy expertise to major law firms, corporations, accounting firms, and governments around the world.
With proven skills in complex cases and exceptional strength in analytics, CRA consultants have provided astute guidance to clients in thousands of successful engagements. We offer litigation and regulatory support, business strategy and planning, market and demand forecasting, policy analysis, and risk management consulting.
Our success stems from the outstanding capabilities of our consultants, many of whom are recognized as experts in their respective fields; our close relationships with a select group of respected academic and industry experts; and from a corporate philosophy that stresses interdisciplinary collaboration and responsive service.