Protecting Trade Secrets in the Digital Age

Description

Companies must protect the confidentiality of their highly valued trade secrets. However, because most business information is stored in electronic form, these assets are vulnerable to being secretly copied and sent via email, a hidden flash drive, or a cell phone.

Counsel for businesses must understand and identify these new risks in order to advise on much-needed updates to existing policies. Counsel can also guide clients to more effective systems and procedures tailored to preventing misappropriation of electronic data.

Listen as our authoritative panel of IP law specialists examines how attorneys can advise their clients or companies on best practices to protect company trade secrets and ensure the confidentiality of these important business assets stored electronically.

Outline

1. Law—what is protected?
   1. Current state of the law
   2. Role of federal statutes in protecting trade secrets
      1. Uniform Trade Secrets Act
      2. Economic Espionage Act
      3. Digital Millennium Copyright Act
      4. Computer Fraud and Abuse Act
      5. Electronic Communications Privacy Act
   3. First Amendment issues
   4. Potential impact
2. Best practices—protecting trade secrets
   1. Confidentiality/non-disclosure agreements
   2. Non-competition agreements
   3. Notice of confidential nature
   4. Limit accessibility and imposition of reasonable security measures
   5. Creating a system to meet statutory requirements
   6. Corporate internal treatment of trade secret
   7. Workplace concerns
3. Litigation tactics and strategies
   1. Hazards of trade secret litigation
   2. Benefits of trade secret litigation
   3. Preparing to bring a trade secret case
   4. Preparing to defend a trade secret case
   5. Litigation approaches and defensive responses
   6. Trial strategy and tactics

Benefits

The panel reviewed these and other key questions:

• What policies and procedures should every company have in place to identify risks and protect its trade secrets?
• What current state and federal laws and court precedents offer relevant guidance in advising clients on how to protect their trade secrets?
• How can trade secret policies effectively address emerging vulnerabilities related to employees and electronic workplace issues?
• What are the critical elements of a multi-faceted trade secrets protection program?

CLE Credit

Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.

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