In this program, Elizabeth Cowit and Wendy R. Stein of Gibbons P.C. will explore recent trends in litigation brought under the Defend Trade Secret Act (DTSA). The course will highlight potential strategies for both plaintiffs asserting DTSA claims and defendants defending against such claims.
The program will review recent caselaw interpreting the DTSA, discussing such questions as what courts have been finding qualifies as a trade secret under the DTSA and what has failed to meet the legal definition, whether trade secret owners have the burden to prove trade secret status or if defendants have the burden of negating this status, and what measures have been found “reasonable” to keep trade secret information secret. In addition, the presenters will discuss whether the new employers of former employees accused of violating the DTSA may be necessary and indispensable parties to DTSA litigation. The course will also analyze recent litigation outcomes, such as who is winning TRO’s and injunctions and who has been successful in securing ex parte seizures, and what these trends mean for ongoing litigation.
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 and has secured restraints under the Defend Trade Secrets Act.
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.
Ms. Cowit focuses her practice on a wide range of workplace matters, including hiring, performance management and termination, restructurings and RIFs, wage-hour matters (including DOL audits), pay equity issues, and restrictive covenants. She conducts training on all aspects of employment law, as well as conducts or assists employers with investigations into employee complaints of harassment, discrimination, and unfair treatment. She regularly prepares policies and handbooks for employers (to ensure compliance with state, federal and, local laws) and provides guidance to companies on leave management and accommodation requests. Ms. Cowit also defends employers in state and federal litigation involving various causes of action, such as discrimination, harassment, retaliation, wage-hour violations, and restrictive covenant protection.
Prior to joining Gibbons, Ms. Cowit was a Partner at Sabin, Bermant & Gould, LLP (now Advance Legal) in New York, which serves as counsel to many digital, newspaper, magazine, and cable entities. During her time at Sabin Bermant & Gould, she managed Condé Nast’s intern litigation as well as other employment litigation and counseling matters.