Trade Secrets and Cybersecurity: Protecting Intellectual Property, Mitigating Loss and Navigating Legal Responses

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


Conducted on Thursday, September 24, 2015
Recorded event now available


This CLE webinar will provide guidance to IP counsel on protecting trade secrets from cyberattack. The panel will discuss what action to take if trade secrets are stolen in a cyberattack and to mitigate the loss. The panel will also examine the legal responses available to respond to a cyberattack.

Description

U.S. businesses have seen an alarming growth in cyberattacks on their most sensitive and valuable information and intellectual property. Trade secrets are a key target. Counsel should guide business clients in developing and implementing data security policies and practices to safeguard both the clients' own trade secrets and the trade secrets of their customers and commercial partners, which the company may have either an express or implied obligation to keep safe from attacks. If a business is the victim of a cyberattack, counsel must act promptly to limit the harm to the client and its business relationships, comply with reporting obligations, cooperate with law enforcement, and lay the foundation for a successful claim for insurance coverage.

Listen as our authoritative panel of IP attorneys examines what steps should be taken to protect trade secrets. The panel will also discuss how to mitigate losses if a cyberattack occurs and navigate the legal response a company can and should take.

Outline

  1. Steps to take to protect trade secrets
    1. Key vulnerabilities
    2. Identifying and managing risks
  2. Mitigating losses if cyberattack occurs
  3. Navigating the legal response a company can/should take following cyberattack
    1. Civil litigation
    2. Federal criminal investigation
    3. Executive Order/sanctions

Benefits

The panel will review these and other key issues:

  • What are the key vulnerabilities that make cyberattack and trade secret theft a real risk?
  • What practical legal remedies are available if a company's trade secrets are stolen by cyberattack?
  • What strategies can counsel employ to identify and manage the cyber risks to trade secrets?

Faculty

Kevin A. Cranman, Senior Group Legal Counsel
Ericsson, Atlanta

For over 20 years Mr. Cranman has led technology and IP matters for organizations including the Georgia Institute of Technology, BellSouth (now AT&T) Intellectual Property, Panasonic Mobile Communications, and Ericsson. He has been instrumental in developing and successfully leading programs to protect IP, confidential information and trade secrets. Mr. Cranman is a frequent presenter and author on topics including protecting confidential information and trade secrets, privacy and security, and employment issues.

Margaret (Peggy) Daley, Managing Director
Berkeley Research Group, Chicago

Ms. Daley has over 25 years of experience in investigations, data analytics, dispute resolution, and regulatory compliance for multinational corporations in a variety of industries. She has conducted fraud, money laundering, and trade theft investigations on behalf of boards of directors and outside counsel, typically under circumstances requiring disclosure to relevant regulatory and law enforcement authorities. Before joining the firm, Ms. Daley was a corporate defense attorney at prominent national law firms. She also served as general counsel at a global security and litigation consulting firm.

R. Mark Halligan
FisherBroyles, Chicago

Mr. Halligan focuses his practice on IP litigation and complex commercial litigation. He has successfully represented both individuals and corporations as plaintiffs and defendants in federal and state courts throughout the U.S. In recent years, Mr. Halligan has been at the forefront of international developments in IP law and is a recognized thought leader in the ever-growing area of trade secrets law, having spoken worldwide to organizations and corporations on the topic.

Matthew F. Prewitt, Partner
Schiff Hardin, Chicago

Mr. Prewitt is Chair of the firm’s Cybersecurity and Data Privacy Team and Co-Chair of the firm’s Trade Secrets and Employee Mobility Team. He is a trial lawyer with a national practice in trade secrets litigation and disputes arising from nondisclosure and noncompetition agreements. As lead trial counsel, Mr. Prewitt has obtained injunctive relief in expedited proceedings in more than a dozen states.


Recordings

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Program Materials

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Program Materials

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Intellectual Property Law Advisory Board

Stephen R. Baird

Shareholder

Winthrop & Weinstine

Charles S. Baker

Partner

Fulbright & Jaworski

David S. Bloch

Partner

Winston & Strawn

Ian N. Feinberg

Partner

Feinberg Day Alberti & Thompson

Bassam N. Ibrahim

Shareholder

Buchanan Ingersoll & Rooney

Mark P. Wine

Partner

Orrick

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