Trade Secrets in IP Litigation: Strategies for Disclosure and Protection in Discovery, Pre-Trial, Trial

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


Conducted on Tuesday, July 27, 2021

Recorded event now available

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Course Materials

This CLE course will guide IP counsel on disclosing and protecting trade secrets in trade secret litigation. The panel will examine the risks related to disclosing trade secrets and address the when and how of disclosure during discovery, pre-trial, and trial. The panel will also discuss recent decisions and offer guidance on how best to protect or strategically reveal trade secrets.

Description

Plaintiffs in trade secret litigation often face the challenge of protecting their trade secrets. This is especially difficult during trial, where they encounter different rules that are applied. The plaintiffs undoubtedly know the value of their trade secrets and recognize the implications of losing trade secret protection during a trial if measures, such as protective orders, are not put in place to minimize the damage.

Many plaintiffs are likely to want to delay disclosing their trade secrets for as long as possible, and discover as much information about the defendants' alleged misappropriation as possible. On the other hand, the defendants may rather have limited discovery and more limited scope in the case.

Protective orders should cover both discovery and trial and address issues such as redacted documents and how documents will be displayed for the court and jury without public disclosure. Further, the courts have struggled with the issue of disclosure. As a result, there continues to be uncertainty as to when and how plaintiffs must reveal the specific secrets. The parties should look to recent decisions for guidance in navigating the disclosure requirements.

Listen as our authoritative panel of IP attorneys examines the risks of disclosing trade secrets in IP litigation. The panel will address the when and how of disclosing during discovery, pre-trial, and trial. The panel will also examine recent decisions and offer guidance on protecting and strategically revealing trade secrets.

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Outline

  1. Disclosure of trade secrets in trade secrets litigation
    1. Discovery
    2. Pre-trial
    3. Trial
  2. Protection of trade secrets during litigation
  3. Recent decisions
  4. Best practices for disclosing and protecting trade secrets in litigation

Benefits

The panel will review these and other important issues:

  • What state and federal law claims are available to protect trade secrets?
  • What guidance have recent decisions provided on when and how to disclose trade secrets?
  • What are best practices for identifying trade secrets in pleadings and discovery?

Faculty

Candido, Amy
Amy Candido
Partner
Wilson Sonsini Goodrich & Rosati

Ms. Candido is an experienced trial lawyer, focusing on high-stakes, complex patent and intellectual property...  |  Read More

Kierkut, Galit
Galit Kierkut

Shareholder
Greenberg Traurig

Ms. Kierkut focuses her practice in the areas of restrictive covenants, privacy, and trade secret counseling and...  |  Read More

Toren, Peter
Peter J. Toren

Attorney
Peter J. Toren Attorney At Law

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

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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