Trade Secrets Protection Act & Defend Trade Secrets Act: 2016 Updates
Businesses protect their intellectual property (IP) through various legal tools, including patents, copyrights, trademarks, and trade secrets. To date, the federal government fails to standardize trade secret legislation. Trade Secret Law predominantly is governed by the state. Every state, except Massachusetts and New York, has adopted a version of the Uniform Trade Secrets Act. The lack of uniform federal protection for trade secrets has become a source of contention for many companies.
In 2014, Congress considered two bills designed to create a new private federal action under the Electronic Espionage Act (EEA). The Defend Trade Secrets Act (DTSA) and Trade Secret Protection Act (TSPA) were designed to enable trade secret plaintiffs to attack trade secret misappropriations ostensibly cyber espionage and cyber misappropriation. However, the bills failed to pass.
Compared to federal intellectual property law reform focusing on patent trolls, trade secret reform has received little attention. However, it is possible that the bills will fail to address any perceived or real trade secret misappropriation, but instead will create 'trade secret trolls'.
In this two-hour LIVE webcast, a panel of key thought leaders and practitioners invited by The Knowledge Group will review the proposed Trade Secrets Protection Act & Defend Trade Secrets Act and will discuss how they may protect trade secrets or contribute to trolling. Speakers will offer best practices to minimize risk when trade secrecy is compromised.
Some of the major topics that will be covered in this course are:
- Trade Secrets Protection Act – Overview
- Defend Trade Secrets Act – Overview
- Advantages for Trade Secret Owners
- Uniformity and Other Limitations
- Sanctions for Non-Compliance with New Trade Bills
- Inevitable Disclosure Doctrine
- Compliance and Litigation Risks
- Best Practices
- Chris: Trade Secrets Protection Act
- Chris: Defend Trade Secrets Act
- Carey: Advantages for Trade Secret Owners of these Acts:
- Carey: Federal Courts’ much greater experience with, and sensitivity to, computer Spoliation Issues
- Carey: Goal of Uniformity:
- Carey: Over time, appellate review, ultimately by the U.S. Supreme Court, should ensure actual uniformity in some applications of the statute (e.g., Inevitable disclosure Doctrine);
- Carey: Remedial Uniformity (e.g., exemplary damages (missing in some states under UTSA), should be more immediate)
- Chris: Academic criticism of the proposed Act and Evolution of the proposed Act from 14 to 15 to blunt such criticism
- Chris: Is there an easier and more elegant fix for concerns related to cyber theft of trade secrets by employees – amendment of the Computer Fraud and Abuse Act to resolve the circuit split over what is “unauthorized access” to a computer network.
- Chris: Jurisdictional concerns and considerations with respect to the overlap of the UTSA the proposed act and state non-compete laws and inability to meet the goal of uniformity by passage of the Act.
- Carey: Scope and potential abuses of the civil seizure remedy
- Carey: Tactics that might actually cause use of the Seizure remedy
- Carey: Treble Damages
- Compliance and Litigation Risks:
- Chris: What effect will the new Federal Rule changes have on spoliation law, a common factor in UTSA cases?
- Carey: Longer Statute of Limitations Benefits Plaintiff but may be controversial given Shelf Life of Trade Secrets and Accumulating Computer data.
- Best Practices:
- Carey: Seeking the Injunction
- Chris: Seeking Seizure and Handling the Seizure Hearing
- Carey: Encryption
- Chris: Computer Data Use and Preparation
- Carey: The PI Hearing
- Chris: Accelerating the trial?
- Chris: Spoliation Issues: Preservation
- Carey: Seeking attorney’s fees and costs
- All: Q and A
Who Should Attend:
- Trade Practicing Lawyers
- Public and Private Companies
- Multinational Companies
- Trade Counsel
- Trade Specialists
- Top Level Management
- Risk Officers and Administrators
- Risk Analysts
- Other Related Professionals
Chris Galanek is a trial lawyer. He handles complex commercial litigation matters and arbitrations involving business disputes, unfair competition and breaches of fiduciary duty.
Mr. Galanek has extensive experience handling matters involving temporary restraining orders and requests for preliminary and permanent injunctive relief. The various complex litigation matters handled by Mr. Galanek in the last several years have included consumer class actions and class arbitrations for electronic payment processers and financial institutions; disputes between payment processers, ISO’s, MSP’s and merchants; unfair competition and false advertising claims for medical device manufacturers; and, arbitrations for healthcare providers over proper reimbursement rates for surgical procedures.
A significant portion of Mr. Galanek’s practice is litigating the enforceability of noncompetition and nonsolicitation covenants, litigating claims arising out of employment relationships, including discrimination claims and executive compensation issues, and litigating trade secret disputes for high growth companies, financial institutions and Fortune 500 Corporations. Mr. Galanek frequently advises clients on the protection of their trade secrets, the scope of proper post-employment restrictions and the competitive recruitment of employees.
Mr. Galanek is familiar with, and has participated in, various forms of alternative dispute resolution, including mediation and arbitration both as an advocate and as a neutral.
Chris Galanek is a trial lawyer. He handles complex commercial litigation matters and arbitrations involving business disputes, unfair competition and …
Carey A. DeWitt, based in Butzel Long's Bloomfield Hills office, is a Shareholder and is past Chair (and Practice Group Leader, 1995-2003) of the firm's Labor and Employment Department. He was elected to four successive two-year terms on the Firm's Board of Directors (2005-2013). He is a graduate of the University of Michigan Law School (J.D. 1984), and Michigan State University (B.A. 1981).
Mr. DeWitt has thirty years of experience representing employers and enterprises in all phases of litigation, including employment discrimination matters, employment contract and executive termination cases, both commercial and employment trade secret, anti-raiding, and unfair competition cases, as well as in labor arbitration, collective bargaining, and other matters. His clients include colleges and universities, technology based companies, manufacturers, hospitals and health care institutions, construction related enterprises, auto suppliers, and various service providers. Mr. DeWitt is listed in Best Lawyers in America (Employment Law - Management; Litigation - Labor and Employment), Michigan Super Lawyers (Labor and Employment; Intellectual Property Litigation): Corporate Counsel, and DBusiness Top Lawyers in Metro Detroit (Trade Secrets; - Labor and Employment Law). He is a Fellow of the Litigation Counsel of America and a Fellow of the Michigan State Bar Foundation.
Carey A. DeWitt, based in Butzel Long's Bloomfield Hills office, is a Shareholder and is past Chair (and Practice Group …
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About Bryan Cave LLP
Bryan Cave LLP (www.bryancave.com) has a diversified international legal practice. The firm represents a wide variety of business, financial, institutional and individual clients, including publicly held multinational corporations, large and mid-sized privately held companies, partnerships and emerging companies. Aided by extensive investments in technology, Bryan Cave’s more than 1,000 attorneys across the United States, the United Kingdom, Continental Europe and Asia serve clients’ needs in the world’s key business and financial markets.
About Butzel Long
Butzel Long is a leading law firm with offices in Michigan, New York City, and Washington, D.C., as well as alliance offices in Beijing, Shanghai, Mexico City and Monterrey. Founded in 1854, Butzel Long is one of the oldest firms in the Midwest, having played a prominent role in the development and growth of several major industries. Business leaders have turned to us for innovative, highly-effective legal counsel for 160 years. Our firm is a founding member of Lex Mundi, one of the first and largest networks of leading independent law firms located in 160 separate jurisdictions around the world.
Our firm has over 3,000 geographically diverse clients that are active in national and international markets. These clients come from many sectors, including advertising, automotive, banking and financial services, construction, energy, health care, insurance, manufacturing, media, pharmaceuticals, professional services, publishing, real estate, retail and wholesale distribution, technology, transportation, and utilities.