Protecting Trade Secrets in the Digital Age
Electronic Misappropriation: New Strategies for Emerging Vulnerabilities
Recording of a 90-minute CLE webinar with Q&A
Outline
- Law—what is protected?
- Current state of the law
- Role of federal statutes in protecting trade secrets
- Uniform Trade Secrets Act
- Economic Espionage Act
- Digital Millennium Copyright Act
- Computer Fraud and Abuse Act
- Electronic Communications Privacy Act
- First Amendment issues
- Potential impact
- Best practices—protecting trade secrets
- Confidentiality/non-disclosure agreements
- Non-competition agreements
- Notice of confidential nature
- Limit accessibility and imposition of reasonable security measures
- Creating a system to meet statutory requirements
- Corporate internal treatment of trade secret
- Workplace concerns
- Litigation tactics and strategies
- Hazards of trade secret litigation
- Benefits of trade secret litigation
- Preparing to bring a trade secret case
- Preparing to defend a trade secret case
- Litigation approaches and defensive responses
- 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?
Faculty
Joanna H. Kim
Partner
Akin Gump Strauss Hauer & Feld
She represents clients in a wide range of intellectual property and business litigation matters, including trade... | Read More
She represents clients in a wide range of intellectual property and business litigation matters, including trade secrets misappropriation; trademark and patent infringement; and unfair competition. She handles all aspects of these matters, including pre-litigation counseling, provisional remedies, discovery, motion practice and trial/arbitration.
CloseJ. 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
He has held first chair or local counsel responsibility in a wide array of IP cases involving patent infringement and invalidity, trade secrets, trademarks, copyrights, and domain names. He served as special counsel in a major trade secrets case generating an eight-figure trial verdict. He is also an active licensing negotiator, and has written patents.
CloseRandy Kay
Partner
DLA Piper
He concentrates his practice in representing technology companies in patent, trade secret, idea submission, copyright,... | Read More
He concentrates his practice in representing technology companies in patent, trade secret, idea submission, copyright, unfair competition, and business lawsuits. He served as co-editor and co-author of the treatise "Trade Secret Litigation and Protection in California" published by the State Bar of California in 2005.
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