Litigating Trade Secret Misappropriation Claims: Pursuing Claims Against Former Employees or New Employers
Drafting Continuing Obligations and Cease and Desist Letters; Pursuing Ex Parte Seizure Orders, TROs, and Litigation Holds
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will discuss pursuing trade secret misappropriation cases against former employees and/or their new employers. The panel will discuss court interpretations of federal trade secret laws and best practices for counsel when issuing continuing obligations letters and cease and desist letters to prevent the 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
- Employer litigation strategies
- Continuing obligations letter to a former employee
- Cease and desist letter to a 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 high priority issues:
- Trends in trade secret misappropriation lawsuits
- 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
Jacqueline C. Johnson
Partner
Constangy Brooks Smith & Prophete
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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Jessica E. Mendelson
Attorney
Paul Hastings
Ms. Mendelson's practice focuses on trade secrets litigation and employee mobility issues. Prior to joining Paul... | Read More
Ms. Mendelson's practice focuses on trade secrets litigation and employee mobility issues. Prior to joining Paul Hastings, she practiced trade secret, trademark, and copyright litigation in the intellectual property department of a boutique firm in Los Angeles. Ms. Mendelson received her law degree from UC Hastings College of the Law in 2011. During law school, she served as an extern to the Honorable Judge Marilyn H. Patel of the Northern District of California. She earned a Bachelor of Arts degree in History, with honors, from Brown University in 2007. Ms. Mendelson is admitted to practice law in California.
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