The Defend Trade Secrets Act: Lessons for Employment Counsel From DTSA Filings and Court Rulings
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss lessons for employment counsel in the wake of the 2016 enactment of the Defend Trade Secrets Act (DTSA). The panel will examine emerging trends in the DTSA cases filed and resolved in federal courts over the past year, focusing specifically on the ex parte civil seizure remedy, inevitable disclosure doctrine, and safe harbor provision protecting whistleblowers who lawfully disclose a trade secret to a government official or attorney. The panel will also discuss how the DTSA has impacted the drafting of employment contracts and nondisclosure agreements.
Outline
- DTSA Background, Statistics, and Notable Provisions
- Brief History / General Information
- Statistics
- DTSA Elements & Remedies
- Goals / Purpose of the DTSA
- Notable Provisions
- Ex Parte Seizure Provision
- Practice Pointers
- Whistleblower Immunity Provision
- Ex Parte Seizure Provision
- Other Trends, Interesting Developments, and Significant Issues
- Federal Courts have Looked to State Law for Guidance
- Pre-Enactment Conduct
- Inevitable Disclosure Doctrine
- Practice Pointers
- Additional Practice Pointers and Lessons
- Litigation
- General practice tips for asserting a DTSA claim
- Advisory
- Non-disclosure agreements
- Implementing “Reasonable Measures” to Keep Information Secret
- Updating and Revising Employment Agreements and Contracts to Include Notice of Whistleblower Immunity Provisions
- Litigation
Benefits
The panel will review these and other key issues:
- To what types of trade secret misappropriation does the DTSA apply?
- What should employment counsel consider when evaluating whether to file a trade secret misappropriation action in state or federal court?
- How should employment contracts and nondisclosure agreements be updated in light of the DTSA's requirement to provide notice of whistleblower protections to employees?
- What factors should employment counsel evaluate when weighing whether to request an ex parte civil seizure order to seize misappropriated trade secrets?
Faculty
Douglas Brayley
Partner
Ropes & Gray
Mr. Brayley advises employers on a wide range of labor and employment matters, including noncompete and trade secret... | Read More
Mr. Brayley advises employers on a wide range of labor and employment matters, including noncompete and trade secret issues, workforce reorganizations, employee discipline and discharge issues, and employment agreements, among others. He is also a litigator representing employers in complex matters, including wage and hour class actions, discrimination matters, and whistleblower actions.
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Jessica Brown
Partner
Gibson Dunn & Crutcher
Ms. Brown advises corporate clients regarding employment and privacy law matters, including matters that intersect with... | Read More
Ms. Brown advises corporate clients regarding employment and privacy law matters, including matters that intersect with intellectual property law, such as noncompete agreements and trade secrecy programs. She has successfully represented clients in claims involving misappropriation of trade secrets, trademark and trade dress infringement, breach of restrictive covenants, and unfair competition.
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Zoe Klein
Attorney
Gibson Dunn & Crutcher
Ms. Klein represents and advises employers in all aspects of labor and employment law. She has significant... | Read More
Ms. Klein represents and advises employers in all aspects of labor and employment law. She has significant experience representing employers in Department of Labor investigations, as well as single plaintiff and class action litigation, including matters involving exemptions, meal and rest breaks, off-the-clock work, incentive pay issues, and discrimination and retaliation claims. Ms. Klein also regularly advises clients on their personnel policies, employee handbooks, and other employment matters, including conducting on-site audits for FLSA and state law compliance.
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