Structuring Agreements to Preserve Trade Secrets: Employment Agreements, Non-Disclosure Agreements, and Licenses
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE webinar will guide IP counsel on structuring agreements to preserve trade secrets and avoid pitfalls which can result in the trade secrets entering the public domain. Recently, the Court of Appeals for the Ninth Circuit decided that a poorly drafted non-disclosure agreement allowed a competitor to freely use the trade secrets. Furthermore, due to the improperly worded agreement, the court overturned an award of $78 million in favor of the trade secret owner. The panel will address key provisions for trade secret agreements including employment agreements, non-disclosure agreements, and licenses. Also, the panel will offer best practices for structuring such agreements. In addition, the panel will discuss identifying and safeguarding trade secrets.
Outline
- Trade secret agreements: key provisions
- Definitions
- Restrictions on use
- Restrictions on disclosure
- Term and termination
- Obligations after termination
- Identification of trade secrets
- Techniques for safeguarding trade secrets
- Discussion of recent cases
- Best practices for structuring agreements
Benefits
The panel will review these and other key issues:
- When in transactions involving trade secrets, what steps should companies and their counsel take to protect their trade secrets?
- What are the key provisions to include in trade secret agreements?
- What are best practices for structuring trade secret agreements?
Faculty
John M. Augustyn
Shareholder
Leydig Voit & Mayer
Mr. Augustyn is currently active in all facets of patent litigation, client counseling, and prosecution, particularly... | Read More
Mr. Augustyn is currently active in all facets of patent litigation, client counseling, and prosecution, particularly in the mechanical arts. He also manages the patent prosecution for several international corporations. Furthermore, he has extensive experience in the drafting and negotiation of agreements relating to intellectual property, including patent licenses, technology licenses, joint venture agreements, and research and development agreements.
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Dave S. Christensen
Partner; Co-Chair of the Mechanical Engineering Practice and Chair of the Additive Manufacturing Practice
Cantor Colburn
Mr. Christensen leads teams dedicated to responsive client focused service and oversees the workflow and provision of... | Read More
Mr. Christensen leads teams dedicated to responsive client focused service and oversees the workflow and provision of high quality work product to clients. He focuses his practice on assisting clients in protecting their inventions in both U.S. and foreign patent offices in a variety of technical fields, including consumer products, electrical power distribution and transmission, renewable energy, and optical measurement systems. Mr. Christensen also has significant experience in assisting clients in developing cost effective strategies for managing risk in their developing of new products, and the building and managing their IP portfolios. Before beginning his career as an IP attorney, Mr. Christensen was an engineer and product development manager, where he gained hands-on experience in leading multi-functional teams in developing commercial products using a wide range of manufacturing technologies such as additive manufacturing, 3D printing, high precision machining, and high volume manufacturing technologies. He is active in thought leadership, especially related to how technology is changing both manufacturing and legal business operations.
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Peter J. Toren
Shareholder
Anderson Kill
Mr. Toren represents clients in patent litigation involving a variety of technologies including computer software... | Read More
Mr. Toren represents clients in patent litigation involving a variety of technologies including computer software and hardware, light emitting diodes, biotechnology, semiconductor manufacturing and fabrication, optics and medical devices as well as business methods. He has successfully obtained and defended motions for preliminary injunctions and summary judgment motions involving the Patent Act, Copyright Act, Lanham Act, Digital Millennium Copyright Act and Computer Fraud and Abuse Act. In addition to intellectual property litigation, Mr. Toren has experience in computer law, including cybersecurity. He is a former federal prosecutor with the Computer Crime and Intellectual Property Section of the Criminal Division of the United States Department of Justice where he worked for over eight years and also served as Acting Deputy Chief.
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