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Trade Secrets: The New Frontier of Intellectual Property


Level: Intermediate
Runtime: 116 minutes
Recorded Date: April 14, 2024
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Agenda

  • Introduction to Trade Secrets
  • The Increasing Importance of Trade Secrets in Biotech and Life Sciences
  • Cross-Border Trade Secret Litigation
  • Recent Developments
  • What is a Trade Secret?
  • Critical Decisions at Outset
  • Advantages of Criminal Route
  • Disadvantages of Criminal Route
  • Criminal Statutes - Civil Remedies
  • State/Federal Statute or Neither?
  • No Statutory Claim?
  • Breach of NDA only?
  • Not sure if Trade Secrets?
  • Overview of Litigation
  • Judge or Jury?
  • Trade secret enforcement at the U.S. International Trade Commission
  • Actual Loss - Attempt to make the plaintiff “whole”. 
  • Unjust Enrichment - Attempt to eliminate defendant’s benefit from the misappropriation.
  • Reasonable Royalty.
  • Takeaways

For NY - Difficulty Level: Both newly admitted and experienced attorneys

Description

Trade secrets are a valuable form of intellectual property, but they can be difficult to protect. In today’s rapidly changing technological and commercial landscape, the challenges of trade secret protection are more complex than ever.
Join our speakers as they delve into the latest trends and developments in trade secret law, offering practical guidance on protecting your trade secrets in the digital age.

Key topics include:
  • Understanding the legal framework for trade secrets
  • Best practices in trade secret protection
  • Detecting and preventing trade secret theft, particularly in the digital age
  • Assessing Damages in Trade Secret Disputes
  • Cross-Border, International and key industries issues and developments in trade secret law
  • Best practices in trade secret protection

Learning objectives:
  • Develop a comprehensive understanding of the legal principles and regulations governing trade secrets.
  • Acquire practical knowledge and skills regarding industry-leading best practices in trade secret protection, including strategies for implementation, maintenance, and enforcement within organizations.
  • Enhance proficiency in identifying vulnerabilities and implementing proactive measures to detect and prevent trade secret theft, with a particular focus on emerging challenges in the digital age.
  • Gain insight into the evolving legal landscape surrounding trade secrets, including key statutes, regulations, and case law.

Provided By

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Panelists

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Beth Rubin

Managing Director - IP Testifying Expert
FTI Consulting, Inc.

Beth Rubin has more than 20 years of experience assisting clients with complex damages, accounting and financial matters. Beth provides litigation advisory services and specializes in calculating damages and performing financial analysis relating to intellectual property and breach of contract disputes. She has assisted both plaintiffs and defendants in determining lost profits, reasonable royalty, unjust enrichment, and price erosion. Beth has performed financial analyses relating to profitability, market value, allocation of costs, first-mover advantages, and licensing terms and royalties, within the insurance, food & beverage, manufacturing, professional services, consumer products, hospitality, fashion & apparel, construction, pharmaceutical, medical technology, financial services, and publishing industries. She has issued expert reports reflecting her professional opinions and has testified on economic damages.

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Michael G. King

Managing Partner
Hennelly & Grossfeld LLP

Mr. King is an AV-rated business trial lawyer with thirty years of experience. His trial wins include an $8.3m FINRA arbitration award against Citigroup, a $3.3m trade secret misappropriation verdict, a $1.6m breach of contract verdict, and numerous defense verdicts, including a defense verdict in a $300m insurance bad faith case brought by the Shernoff Bidart firm. Mr. King regularly represents Fortune 500 product manufacturers, title insurers, and other corporations in a variety of complex commercial litigation cases, including intellectual property, trade secret, product liability, real estate, and other disputes. He is the managing partner of the firm and regularly presents continuing legal education courses in trade secret litigation, products liability, and liability issues in artificial intelligence.

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L. Scott Oliver

Partner
Husch Blackwell LLP

An experienced litigator who handles patent, trade secret, copyright, and trademark cases in state and federal courts and before the International Trade Commission (ITC), Scott has long worked with innovative technology companies in Silicon Valley. He regularly advises and defends companies in the wireless, software, and semiconductor industries, and he guides early- and mid-stage companies through patent strategy and consults handset manufacturers and patent pools on the licensing of 802.11, 4G, 3G, and LTE patents.
After almost 30 years in practice, Scott has handled dozens of trials. However, he also knows that sometimes the best business solution is found outside the courtroom, and he partners with clients to design and implement strategies based on their unique business objectives.

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John A. Stone

Partner
DeCotiis, Fitzpatrick, Cole & Giblin, LLP

John A. Stone is a partner at the DeCotiis’ New Jersey and New York offices. Mr. Stone’s practice focuses on complex business matters, including trade secret and other intellectual property litigation, unfair competition and tortious interference claims, construction, land use, and intra-company disputes, in State and Federal Court. He has particular expertise in complex litigation and takes pride in getting results for his clients.

Mr. Stone received his B.A. from Franklin & Marshall College, his J.D. from the University of Richmond, Virginia, and studied International Law at Cambridge University.

Mr. Stone is a frequent lecturer at seminars and nationwide and international conferences regarding trade secrets, trade dress, and theft of ideas, and has published numerous articles on those and other issues. He is also co-chair of the ABA’s Litigation Section’s Trade Secrets Subcommittee and co-editor of the ABA’s Litigation Section’s Intellectual Property Newsletter.


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