Defend Trade Secrets Act Litigation: 2020 Updates

Streams live on Thursday, March 04, 2021 at 02:00pm EST

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Course Information

Time 60 Minutes
Difficulty Intermediate
Topics covered in this course: Intellectual Property

Course Description

In this program, Wendy R. Stein of Gibbons P.C. will explore recent trends in litigation brought under the Defend Trade Secrets Act (DTSA). The course will highlight potential strategies for both plaintiffs asserting DTSA claims and defendants defending against such claims.

The program will review 2020 decisions interpreting the DTSA, analyzing questions such as how does one satisfy the DTSA’s interstate commerce requirement, what happens when a trade secret is published in the public domain, how have courts been interpreting the statutory “reasonable measures” requirement, and how have courts been applying the three-year statute of limitations for DTSA claims.

The course will also analyze recent litigation outcomes, such as who is winning TRO’s and injunctions and who has been successful in securing dismissal of DTSA claims, and what these trends mean for ongoing litigation.

Learning Objectives:

  1. Review recent decisions interpreting the DTSA
  2. Analyze the elements of a prima facie case
  3. Improve your client’s chances of securing emergent relief if you are representing a trade secret owner
  4. Strategize how to respond to a DTSA claim
  5. Secure dismissal of a DTSA claim if you are a named defendant 

Credit Information

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Wendy Stein

Gibbons P.C.

Ms. Stein is an IP litigator focused on intellectual property disputes, primarily in the patent and trade secret areas.

Ms. Stein has extensive experience litigating a broad variety of patent infringement and trade secret matters in the pharmaceutical, life science, packaging and software areas.  She has secured restraints under the DTSA and related state laws on behalf of trade secret owners, and defended a number of individuals accused of trade secret misappropriation under the DTSA.

Ms. Stein has appeared before federal district and appellate courts throughout the United States, including New York, Delaware, California, Florida, Texas, Massachusetts, the District of Columbia, Illinois, and New Jersey.