On Demand

Hot Topics in Defend Trade Secrets Act Litigation

1h 1m

Created on October 24, 2019




In this program, Elizabeth Cowit of Gibbons P.C. and Wendy R. Stein of Chiesa, Shahinian & Giantomasi 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 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.

Learning Objectives:

  1. Review recent decisions interpreting the DTSA
  2. Strategize how to improve your potential success as a trade secret owner
  3. Analyze the elements of a prima facie case and learn tips to secure emergent relief
  4. Respond to complaints alleging DTSA violations
  5. Secure dismissal of a DTSA claim if you are a defendant

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