PLAY RECORDING

Broadcast Date: Wednesday, June 08, 2022
from 2:00 pm to 4:00 pm (ET)

Overview:

The COVID-19 pandemic has stirred a significant shift in the way businesses protect their trade secrets. With most communications and transactions becoming virtual, companies started optimizing the use of new technologies to better position themselves in the market. This has led to additional challenges and has opened more risks of trade secrets disputes.

Furthermore, trade secret litigation has remained sitting center-stage in state and federal courts, magnifying the necessity for businesses to reevaluate their trade secret protection programs while keeping in check the trends that will likely shape this area of law.

Highly skilled trade secret litigators L. Scott Oliver (Greenberg Traurig LLP) and John A. Stone (DeCotiis, FitzPatrick, Cole & Giblin, LLP) will offer a discussion of the latest and significant developments surrounding trade secrets. This LIVE Webcast aims to provide helpful insights on litigation remedies as well as give reasonable measures in maintaining a trade secret.

Key issues that will be covered in this course are:

  • Intro to Trade Secrets
  • Remote Work/International Application
  • Litigation Remedies
  • New Challenges to Trade Secret Protection
  • Tips to Mitigate Risks

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-Demand Webcast

 

Prerequisite:

General knowledge of trade secrets law

 

Course Code:

149858

 

NY Category of CLE Credit:

Areas of Professional Practice

 

Total Credit:

2.0 CLE

Speaker Panel:

L. Scott Oliver, Shareholder
Greenberg Traurig, LLP

Scott Oliver handles patent, copyright, trademark, and trade secret matters, blending creative legal strategies with comprehensive, digestible explanations of complex technology. He designs and implements individualized legal strategies depending on each client’s unique business objectives.

An experienced and highly technical litigator, Scott has handled more than 150 matters and a dozen trials before both the International Trade Commission (ITC) and juries. He has more than 25 years of experience defending and advising companies across an array of industries, including wireless, software, semiconductor, and digital distribution.

John A. Stone, Partner
DeCotiis, FitzPatrick, Cole & Giblin, LLP

John A. Stone is a partner in DeCotiis’ New Jersey and New York offices. Mr. Stone’s practice focuses on complex business matters, including trade secret and other intellectual property litigation, and unfair competition and tortious interference claims, as well as construction, land use and intra-company disputes, in State and Federal Court. He has particular expertise in complex litigation and takes pride in getting results for his clients. Mr. Stone received his B.A. from Franklin & Marshall College, his J.D. from the University of Richmond, Virginia, and studied International Law at Cambridge University. Mr. Stone is a frequent lecturer at seminars and nation-wide and international conferences regarding trade secrets, trade dress, and theft-of-ideas, and has published numerous articles on those and other issues. He is also  co-chair of the ABA’s Litigation Section’s Trade Secrets Subcommittee, and co-editor of the ABA ABA’s Litigation Section’s Intellectual Property Newsletter.

Agenda:

John A. Stone, Partner

DeCotiis, FitzPatrick, Cole & Giblin, LLP

AND

L. Scott OliverShareholder

Greenberg Traurig, LLP

  1. Intro to Trade Secrets
    • Sources of trade secret law
    • Definitions of a trade secret
    • Role of reverse engineering with respect to trade secret
    • Reasonable measures to maintain a trade secret
    • Examples of trade secrets
    • Misappropriation of trade secret defined
    • Inevitable Disclosure (How it’s been allowed) and (how the doctrine has been limited; non-competes and government opposition to non-competes)
  2. Remote Work/International Application
    • Remote workers are potential problems
    • ITC Section 337 Cases
    • ITC Decisions
    • ITC Domestic Injuries
    • ITC New Strategies
    • ITC Extraterritorial Jurisdiction
    • ITC Trade Secret Cases
    • DTSA and State Law Extraterritorial Jurisdiction in US courts other than the ITC
    • Venue and Forum Decisions in Cross-Border DTSA suits in US courts other than the ITC
  3. Litigation Remedies
    • Preliminary Injunctions
    • Preservation Orders
    • Seizures
    • Lost Profits
    • Cost Avoidance/Unjust Enrichment
    • Royalties
    • Permanent Injunctions
    • ITC Remedies: Is exclusion from the US enough?
  4. Hot Topics
    • Biotech & Life Science
    • Remote workers—challenges; trade secret audits; “threatened” misappropriation; non-competes; DTSA vs State laws; international trade secret issue
  5. Tips
    • Knowingly Select Your Jurisdiction
    • Keep Your Secrets Secret
    • Trade secret audits (have expert knowledge teed up (e.g., regarding trade secrets being stored in or stolen from ESI and the nature of the trade secret itself)
    • Move quickly if you suspect an issue – no remedy once it’s out in the open (ITC) and (DTSA and State law)

Materials:

Download Course Materials

Who Should Attend:

  • Trade Secrets Lawyers and Consultants
  • Intellectual Property Lawyers and Consultants
  • Labor & Employment Lawyers
  • Chief Information Officers
  • Chief Security Officers
  • Information Security Managers and Directors
  • General Counsel
  • HR Directors and Supervisors
  • HR Managers
  • Entrepreneurs
  • Insurance Professionals (who handle claims and underwrite policies that cover trade secret claims)
  • Venture Capitalists and Mezzanine Finance Professionals.

SPEAKERS

L. Scott OliverShareholder
Greenberg Traurig, LLP
John A. StonePartner
DeCotiis, FitzPatrick, Cole & Giblin, LLP

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