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

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Conducted on Tuesday, January 10, 2023

Recorded event now available

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Course Materials

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.

Description

To maintain their trade secrets, companies often rely on agreements to contractually prohibit employees and third parties from disclosing their information. In transactions involving trade secrets, it is critical that the contract protects the trade secrets involved. The agreement should include confidentiality provisions that survive the termination of the agreement to safeguard the trade secret. Even if the deal falls apart, counsel must ensure the trade secret is protected.

By understanding the essential elements--and the common pitfalls--in trade secret agreements, counsel for trade secret owners can prepare to effectively structure and negotiate contracts in their clients' best interests.

Listen as our authoritative panel of IP attorneys provides IP owners and counsel guidance on protecting trade secrets. The panel will address key provisions for trade secret agreements and will offer best practices for structuring trade secret agreements.

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Outline

  1. Trade secret agreements: key provisions
    1. Definitions
    2. Restrictions on use
    3. Restrictions on disclosure
    4. Term and termination
    5. Obligations after termination
  2. Identification of trade secrets
  3. Techniques for safeguarding trade secrets
  4. Discussion of recent cases
  5. 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

Augustyn, John
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

Christensen, Dave
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

Toren, Peter
Peter J. Toren

Shareholder
Anderson Kill

Mr. Toren represents clients in patent litigation involving a variety of technologies including computer software...  |  Read More

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