In a few days President Obama is expected to sign into law the Defend Trade Secrets Act of 2016, which for the first time provides a federal civil remedy for the misappropriation of trade secrets. The passage of this legislation by a usually-divided Congress underlines the importance of this IP protection to U.S. business and puts trade secrets on an equal federal footing with patents, trademarks, and copyrights.
This webinar will focus on how attorneys can get off to a good start and avoid mistakes under the new law when representing both aggrieved secret holders and clients who are accused of stealing secrets. Among the issues discussed:
- When might a claim under state law still be the best option?
- What jurisdictional questions will arise if there are state and federal cases over the same issues?
- What will be best practices after the DTSA’s rejection of the “inevitable disclosure” doctrine?
- How will damages under the law be proved?
- What changes are employers now required to make to written employment policies and nondisclosure agreements?
Our panelists include trade secret litigators — one who also leads patent litigation and the other with an employment law background – and an in-house counsel at a technology multinational who has experience in trade secret matters.
Speakers:
Ken Corsello, IBM
Bradford Newman, Paul Hastings
Randy Kay, Jones Day