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Trade Secrets in Employment Litigation: Defend Trade Secrets Act and State Law

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, March 17, 2020

Recorded event now available

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This CLE course will prepare employment litigators to pursue trade secret misappropriation cases against former employees and/or their new employers. The panel will focus on recent developments impacting trade secret litigation, including emerging trends under the Defend Trade Secrets Act and new state laws restricting or limiting the use of non-competition agreements. The panel will also outline litigation strategies, including obtaining ex parte seizure orders and preliminary injunctions.


The ease of accessing, storing, and transmitting electronic data significantly increases the risk of misappropriation of a company's trade secrets by a departing employee. Under the Defend Trade Secrets Act (DTSA), employment litigators have a tool in their arsenal for pursuing legal action against former employees and/or their new employers for trade secret misappropriation.

The DTSA gives employers the right to file private trade secret theft civil cases against employees in federal court and, more significantly, allows employers to forcefully recover misappropriated trade secrets from former employees through ex parte seizure orders.

Employment litigators must be savvy about pursuing ex parte seizure orders, and preliminary injunctions. Counsel also must also guide clients in developing clear, consistent trade secret protection policies and practices, and a strategic approach to dealing with departing employees.

Listen to our program as we examine the latest trends in trade secret misappropriation lawsuits and strategies for employment litigators. The panel will also explain upfront steps employment counsel should take to prevent the loss of confidential company information before a key employee leaves to work for a competitor.



  1. Trade secret misappropriation litigation trends
  2. Employer litigation strategies
    1. Ex parte seizure orders
    2. Preliminary injunctions
  3. Proactive steps to prevent trade secret misappropriation by departing employees


The panel will review these and other high priority issues:

  • Trends in trade secret misappropriation lawsuits
  • Strategies for pursuing trade secret misappropriation litigation against former employees and/or their new employers
  • Proactive steps for preventing the misappropriation of trade secrets from departing employees


Mendelson, Jessica
Jessica E. Mendelson

Paul Hastings

Ms. Mendelson's practice focuses on trade secrets litigation and employee mobility issues. Prior to joining Paul...  |  Read More

Senger, Molly
Molly T. Senger

Of Counsel
Gibson, Dunn & Crutcher

Ms. Senger practices in the firm’s Litigation Department and is a member of the firm’s Labor &...  |  Read More

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