Litigating Trade Secret Misappropriation Claims Post-DTSA: Pursuing Claims Against Former Employees or New Employers
Drafting Continuing Obligations and Cease-and-Desist Letters; Pursing Ex Parte Seizure Orders, TROs and Litigation Holds
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will prepare employment litigators to pursue trade secret misappropriation cases against former employees and/or their new employers in the wake of the Defend Trade Secrets Act (DTSA). The panel will discuss court interpretations of the DTSA and best practices for counsel when issuing continuing obligations letters and cease-and-desist letters to prevent dissemination of misappropriated trade secrets. The panel will also outline litigation strategies, including obtaining ex parte seizure orders and preliminary injunctions, sending litigation hold notices, and more.
Outline
- Trade secret misappropriation litigation trends since the passage of the Defend Trade Secrets Act
- Employer litigation strategies
- Continuing obligations letter to former employee
- Cease-and-desist letter to former employee and new employer
- Ex parte seizure orders
- Preliminary injunctions
- Litigation hold notices
- Proactive steps to prevent trade secret misappropriation by departing employees
Benefits
The panel will review these and other key issues:
- Trends in trade secret misappropriation lawsuits post-Defend Trade Secrets Act
- Strategies for pursuing trade secret misappropriation litigation against former employees and/or their new employers
- Proactive steps for preventing the misappropriation of trade secrets from departing employees
Faculty
Bradford K. Newman
Partner
Paul Hastings
Mr. Newman leads the Firm's International Employee Mobility and Trade Secret practice. According to Chambers,... | Read More
Mr. Newman leads the Firm's International Employee Mobility and Trade Secret practice. According to Chambers, he is a recognized “authority on trade secret cases.” He is the author of Protecting Intellectual Property in the Age of Employee Mobility: Forms and Analysis. He has successfully litigated a broad spectrum of trade secret and employee mobility cases in state and federal courts throughout the country. He regularly advises and represents the world’s leading technology, banking, professional service, manufacturing and commerce companies in significant employee mobility matters.
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Jacqueline C. Johnson
Shareholder
Littler Mendelson
Ms. Johnson devotes her practice to employment litigation and counseling, with particular experience in trade... | Read More
Ms. Johnson devotes her practice to employment litigation and counseling, with particular experience in trade secret and wrongful competition litigation and drafting and enforcement of multi-state compliant noncompetition agreements. Co-Chair of the firm’s Unfair Competition and Trade Secrets Practice Group, Ms. Johnson regularly authors client updates on developments in unfair competition and trade secret law.
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