Protecting Trade Secrets in the Digital Age

Electronic Misappropriation: New Strategies for Emerging Vulnerabilities

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

Conducted on Tuesday, March 25, 2008

Course Materials


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.



  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


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?


Joanna H. Kim
Joanna H. Kim
Akin Gump Strauss Hauer & Feld

She represents clients in a wide range of intellectual property and business litigation matters, including trade...  |  Read More

J. Gregory Whitehair
J. Gregory Whitehair
Of Counsel
Gibson Dunn & Crutcher

He has held first chair or local counsel responsibility in a wide array of IP cases involving patent infringement and...  |  Read More

Randy Kay
Randy Kay
DLA Piper

He concentrates his practice in representing technology companies in patent, trade secret, idea submission, copyright,...  |  Read More