Protecting Trade Secrets During Litigation: Investigating the Theft, Maintaining Confidentiality

Recording of a 90-minute CLE video webinar with Q&A


Conducted on Thursday, July 22, 2021

Recorded event now available

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This CLE course will guide litigators on the unique challenges of discovery and litigation involving or concerning trade secrets. The panel will begin with some practical tips on how to investigate and verify suspected misappropriation of trade secrets, then review the necessary level of detail for identifying trade secrets in different types of cases and at various stages of litigation, and will also review the litigation tools available to protect confidential information and the competing policy considerations that courts consider.

Description

Describing a trade secret in a public forum can destroy secrecy, so enforcing the property right through litigation requires careful attention to how confidential information is exchanged and used by parties protected by the court during the entire process.

Many jurisdictions require a plaintiff to identify the claimed trade secrets with reasonable particularity, to give sufficient notice to the defendant and to inform the boundaries of discovery. Still, the plaintiff may not know which trade secrets were allegedly misappropriated. Defendants may legitimately object to discovery about a vaguely described trade secret or even suspect that a plaintiff is attempting to use discovery to expose and appropriate the defendant's trade secrets.

Even if protective orders are put into place or items filed under seal, endless debates about discovery often consume more resources than determining whether the information is entitled to protection or has been misappropriated. Yet, due process and practicalities require that the parties understand what is at stake and what they are accused of misappropriating. Counsel must balance these concerns.

Listen as our experienced panel reviews how to balance the nuanced discovery and evidentiary issues that arise in litigating claims and defenses involving the misappropriation of trade secrets.

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Outline

  1. Overview of applicable laws
  2. Investigating trade secret theft
  3. Identifying trade secrets in litigation
  4. Balancing the right to open courts with trade secrets being litigated

Benefits

The panel will review these and other crucial issues:

  • What state and federal law claims are available to protect trade secrets?
  • How is the right to broad discovery balanced against the right to prepare a defense and the need for proportionality?
  • To what extent can federal and state trade secret laws apply to alleged misappropriation occurring outside the U.S.?
  • How can poorly drafted noncompete or confidentiality agreements jeopardize the protection of trade secrets?
  • What are best practices for identifying trade secrets in pleadings and discovery?

Faculty

Kayman, Steven
Steven M. Kayman

Partner
Proskauer Rose

Mr. Kayman is a partner in Proskauer's Litigation Department. He focuses on intellectual property litigation but,...  |  Read More

Newman, Bradford
Bradford K. Newman

Partner
Baker McKenzie

Mr. Newman specializes in matters related to trade secrets and Artificial Intelligence. He is the Chair of the AI...  |  Read More

Pooley, James
James Pooley

Attorney
James Pooley

Mr. Pooley serves as a trusted advisor and co-counsel to legal departments and law firms on IP litigation and strategy....  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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