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Hot Topics in Defend Trade Secrets Act Litigation

(303 reviews)

Produced on October 24, 2019

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Course Information

Time 1h 1m
Difficulty Intermediate
Topics covered in this course: Intellectual Property Litigation

Course Description

In this program, Elizabeth Cowit and 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 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

Credit Information

After completing this course, Lawline will report your attendance information to {{ accredMasterState.state.name }}. Please ensure your license number is filled out in your profile to ensure timely reporting. For more information, see our {{ accredMasterState.state.name }} CLE Requirements page . After completing this course, {{ accredMasterState.state.name }} attorneys self-report their attendance and CLE compliance. For more information on how to report your CLE courses, see our {{ accredMasterState.state.name }} CLE Requirements FAQ .


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.

Elizabeth Cowit


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.


David G.

Useful case summaries.

Jennie W.

Very interesting and well presented. Thank you!

Victoria P.

nice presentation.

Adam P.

Presenters were very organized and clearly explained the material.

Maryam S.

Very informative presentation with great case law references. Thank you.

Gwendolyn S.

Very informative.

Frank E.

Excellent presentation -- sufficiently pointed as to be valuable.

Ken L.

I thought the presentation was great. Real practical advice delivered well.

Chase L.

Great info regarding practical protections

David R.

Good info for both plaintiff and defendant audiences.

Earl B.

good checlklists

John D.

Good subject matter and the faculty presented it well...

Tony O.

Very good

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