Trade Secret Theft in the Workplace: Mitigating Misappropriation Risks in the Cloud Computing Era

Strategies for New Hire Screening, Employee Monitoring, and Litigating Against Former Employees and Subsequent Employers

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

Conducted on Wednesday, April 23, 2014

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will provide employment counsel with the techniques to prevent and mitigate damage due to misappropriation of trade secrets by employees and former employees, particularly in the era of cloud computing. The panel will provide litigation techniques when employers are either accused of being the recipient of stolen information or are the victims of trade secret misappropriation.


A company’s trade secrets are among its most important assets, and the annual cost of trade secret misappropriation to U.S. companies is staggering. As a result, litigation in this area is booming, and counsel must be prepared with prevention plans and litigation techniques for employer clients. 

Cloud computing has made this complex area even more difficult. With more and more companies storing information in the cloud, trade secret theft occurs more easily and frequently. Our experienced panel will offer specific strategies on prevention and mitigation practices for screening potential hires, limiting employee access to sensitive materials, monitoring employee activity, and handling the issue with departing employees.

Once a misappropriation is discovered, counsel must pursue violations immediately to prevent substantial damage to the employer. Practitioners must also grasp states' differing trade secret laws, case law and settlement trends to obtain the optimal outcome for clients with multi-state operations. 

Listen as our distinguished panel reviews best practices for preventing trade secret theft through effective approaches to employee screening, monitoring employees, and handling departing employees. The panel will provide practical tactics for dealing with employees who steal trade secrets and defense strategies when the employer is accused of misappropriation by another company.



  1. Screening employees to minimize trade secret theft risk exposure
  2. Litigation best practices when company accused of trade secret misappropriation
  3. Dealing with departing employees to avoid/minimize trade secret theft risk
  4. Best practices where company is the victim of trade secret misappropriation


The panel will review these and other key questions:

  • What are some best practices/techniques for screening employees to minimize the risk of exposure to claims of trade secret theft?
  • What are some best practices when your company is involved in situations, including litigation, where it is accused of misappropriating trade secrets?   What are strategies for defending accusations of misappropriation of trade secrets? Would a national trade secret law assist?
  • What are some best practices for dealing with a departing employee to avoid or minimize the risk of trade secret theft? How can you avoid or minimize the risk of trade secret theft from departing employees?
  • What are some best practices when your company is involved in situations, including litigation, where it is the victim of trade secret misappropriation. What are steps you might take before litigation, or as an alternative? When is it useful to involve government agencies? What are the litigation techniques when you are the victim of trade secret misappropriation?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Derrick L. Brent
Derrick L. Brent
Vice President, Associate General Counsel

Mr. Brent is Vice-President and Associate General Counsel for Masimo Corp., a medical technology company, where he...  |  Read More

Kim E. Choate
Kim E. Choate
IP Counsel
Dow Corning

Ms. Choate counsels both Dow Corning and Hemlock Semiconductor on strategies for enforcing and protecting Dow...  |  Read More

Kurt A. Kappes
Kurt A. Kappes

Co-Managing Shareholder
Greenberg Traurig

Mr. Kappes is Co-Chair of the firm's national Labor and Employment Practice's Non-Compete/Trade Secret and...  |  Read More

Donald E. Vilfer
Donald E. Vilfer

Mr. Vilfer’s firm emphasizes computer forensics, e-discovery and fact-finding in support of complex litigation...  |  Read More

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