Protecting Trade Secrets During Litigation: Investigating the Theft, Maintaining Confidentiality
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide litigators on the unique challenges of discovery and litigation involving or concerning trade secrets. The panel will begin with some practical tips on how to investigate and verify suspected misappropriation of trade secrets, then review the necessary level of detail for identifying trade secrets in different types of cases and at various stages of litigation, and will also review the litigation tools available to protect confidential information and the competing policy considerations that courts consider.
Outline
- Overview of applicable laws
- Investigating trade secret theft
- Identifying trade secrets in litigation
- Balancing the right to open courts with trade secrets being litigated
Benefits
The panel will review these and other crucial issues:
- What state and federal law claims are available to protect trade secrets?
- How is the right to broad discovery balanced against the right to prepare a defense and the need for proportionality?
- To what extent can federal and state trade secret laws apply to alleged misappropriation occurring outside the U.S.?
- How can poorly drafted noncompete or confidentiality agreements jeopardize the protection of trade secrets?
- What are best practices for identifying trade secrets in pleadings and discovery?
Faculty
Steven M. Kayman
Partner
Proskauer Rose
Mr. Kayman is a partner in Proskauer's Litigation Department. He focuses on intellectual property litigation but,... | Read More
Mr. Kayman is a partner in Proskauer's Litigation Department. He focuses on intellectual property litigation but, in his almost 40 years of practice — all with Proskauer — he also has had extensive experience litigating disputes involving securities, bankruptcies and workouts, real estate, employment, contracts and many other commercial matters. His clients have included major banks and insurance companies, hedge and private equity firms, other financial institutions, leading consulting firms, and media and entertainment companies.
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Bradford K. Newman
Leader, AI Practice
Baker McKenzie
Mr. Newman specializes in matters related to trade secrets and Artificial Intelligence. He is the Chair of the AI... | Read More
Mr. Newman specializes in matters related to trade secrets and Artificial Intelligence. He is the Chair of the AI Subcommittee of the ABA. Recognized by the Daily Journal in 2019 as one of the Top 20 AI attorneys in California, Bradford has been instrumental in proposing federal AI workplace and IP legislation that in 2018 was turned into a United States House of Representatives Discussion Draft bill. Mr. Newman has also developed AI oversight and corporate governance best practices designed to ensure algorithmic fairness.
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James Pooley
Attorney
James Pooley
Mr. Pooley serves as a trusted advisor and co-counsel to legal departments and law firms on IP litigation and strategy.... | Read More
Mr. Pooley serves as a trusted advisor and co-counsel to legal departments and law firms on IP litigation and strategy. He conducts pre-litigation investigation and analysis of domestic and multinational IP issues, drawing on his global experience. Mr. Pooley also assists courts as a special master handling discovery in complex technology and IP disputes.
He helps design and improve information security strategies and programs for companies, including trade secret risk analysis, protection systems, training, and crisis response. Mr. Pooley frequently works in conjunction with cybersecurity professionals to limit risks to key corporate assets and data.