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Trade Secrets Protection: Mitigating AI Risk, Pursuing Misappropriations, Structuring Agreements

Recording of a 90-minute premium CLE video 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, October 24, 2023

Recorded event now available

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This CLE webinar will guide IP counsel on protecting trade secrets. The theft of trade secrets is valued at $540 billion per year according to a recent report. The panel will address identifying trade secrets, implementing safeguards for trade secrets, and structuring agreements that involve trade secrets. Also, the panel will address misappropriation, enforcement, and remedies for misappropriation. The panel will discuss recent cases, pitfalls, and best practices involving trade secrets.


Trade secrets can be put at risk because companies may need to share trade secrets with employees, business partners, manufacturers, and others to realize the full economic value of the trade secrets. The use of AI applications by employees also poses a threat to a company's trade secrets. In addition, remote work may increase the risk for disclosure or theft of trade secrets.

To maintain their trade secrets, companies often rely on agreements to contractually prohibit employees and third parties from disclosing their information. In transactions involving trade secrets, it is critical that the contract protects the trade secrets involved. By understanding the essential elements--and the common pitfalls--in trade secret agreements, counsel for trade secret owners can prepare to effectively structure and negotiate contracts in their clients' best interests.

Further, to avoid the consequences of any disclosure arising from the use of an AI system, it is important companies ensure that they take steps to protect their trade secrets. Company policies, employee agreements, non-disclosure agreements, and trade secret agreements provide protection from employee misuse or disclosure, and from third-party disclosure.

Listen as our authoritative panel of IP attorneys provides trade secret owners and counsel guidance on identifying and protecting trade secrets. The panel will also discuss key provisions in agreements involving trade secrets. In addition, the panel will address misappropriation challenges, enforcement, and remedies for misappropriation. Furthermore, the panel will discuss recent cases, pitfalls, and best practices.



  1. Identifying trade secrets
  2. AI, remote work, and other risks
  3. Implementing safeguards for trade secrets, including AI risk and remote work
  4. Trade secret agreements and key provisions
    1. Employee agreements
    2. Non-disclosure agreements
    3. Licenses
  5. Misappropriation, enforcement, and remedies
  6. Recent cases involving trade secrets


The panel will review these and other key issues:

  • What actions can companies take to minimize the risk of exposure of trade secrets in AI?
  • What are the best practices for identifying and protecting trade secrets?
  • What are the key provisions and pitfalls in trade secret agreements?
  • What lessons can be learned from recent trade secret cases?


Augustyn, John
John M. Augustyn

Leydig Voit & Mayer

John Augustyn successfully represents clients in high stakes intellectual property litigation, agreements, client...  |  Read More

Swanson, Kristina
Kristina L. Swanson

Leydig Voit & Mayer

Ms. Swanson helps clients secure, protect, enforce, and defend intellectual property rights, including patents, trade...  |  Read More

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