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Preventing Trade Secrets Misappropriation and Minimizing Enforcement Costs
Produced on October 24, 2019
Course Information
Course Description
Trade secrets are often the most valuable form of intellectual property for a business, even more valuable than patents. Various factors contribute to the growing importance of trade secrets, including (1) ongoing changes to the patent laws especially around patent eligibility; (2) the implementation of the Defend Trade Secrets Act (DTSA), which provided a federal remedy for trade secret misappropriation for the first time; and (3) increasing employee mobility, among others. Most companies rely on NDAs, other confidentiality measures, and ultimately litigation to protect trade secrets will ensue. However, studies show that 60-70% of companies, even multinational companies, are not taking appropriate preventive measures to protect their trade secrets.
The most common threat to trade secrets are from insiders - i.e., employees and former employees, as well as other business partners (not hackers and nation states). Loss from these sources can be both inadvertent and deliberate. Even when companies do a good job protecting trade secrets internally, protections frequently break down once trade secrets are shared, as they need to be in the supply chain and in joint ventures. Unfortunately, investigation and enforcement costs are very high in the event of loss, and once misappropriated, trade secrets may not be recoverable, for example if included as part of a patent application by the party taking the trade secret.
This program will guide attorneys through best practices for protecting trade secrets as part of a company’s intellectual property strategy.
Learning Objectives:
- Discuss common ways that trade secrets can be lost, especially in a supply chain and with joint venture partners
- Identify the elements of a comprehensive trade secret management program
- Assess what kind of trade secret management program is right for your client
- Foster compliance by implementing a comprehensive program
Credit Information
Faculty
Nicole Galli
ND Galli Law LLC
Nicole D. Galli focuses her practice on commercial litigation, including all forms of intellectual property (IP) litigation, and IP counseling, especially regarding trade secret protection. Nicole has litigated a wide variety of IP and business disputes for clients in federal and state courts, administrative forums, and arbitration and mediation venues throughout the nation. She represents clients in patent infringement and licensing litigation, trademark matters including infringement, as well as opposition and cancellation before the U.S. Trademark Trial and Appeal Board, trade dress infringement, copyright infringement and misappropriation of trade secrets. She also counsels clients on IP portfolio acquisition, management, enforcement and monetization. Nicole has worked in litigation and counseling capacities with clients in various industries including medical devices, software, electronics, consumer products, automotive, energy, hospitality, food and beverage, construction, manufacturing, healthcare, marketing and other service providers. Her clients include individuals, start-ups, large national and international companies, as well as cultural institutions and non-profits. After spending over two decades at two AmLaw 100 firms, an IP boutique firm, and a full-service regional firm, Nicole founded the Law Offices of N.D. Galli LLC in 2015 to provide clients with sophisticated, first-in-class legal services in an innovative, efficient and customized manner that best suits their business needs.
Nicole is a frequent speaker, author and thought leader on various legal topics including intellectual property strategy, trade secrets protection and litigation, trademark, copyright and patent law and litigation, commercial litigation best practices and procedural matters, and litigation financing. For years she has been recognized as a Pennsylvania Super Lawyer for Intellectual Property Litigation and an AV-rated attorney by Martindale Hubbell. This past year, Nicole was named one of the Philadelphia Business Journal’s Women of Distinction which spotlights the region's most influential business women and one of The Philadelphia Inquirer’s Influencers of Law for her work in IP Litigation.
Nicole received her B.A from the University of Pennsylvania, where she graduated cum laude, and received her J.D from University of Pennsylvania Law School. She is admitted to practice in Pennsylvania, New Jersey, New York and Delaware (inactive), and numerous federal courts.
Reviews
Very helpful and timely for me.
A lot of very practical information.
Presenter very knowledgeable about the topic.
Informative
Excellent speaker, very thorough presentation, great real-world examples. Just wish she had mentioned the notice required under Defend Trade Secrets Act of 2016 and when to include it in agreements.
I understand that this is a fact driven area but then it would be helpful to have examples rather than someone just listing "thing to consider"
This presenter was great. Knowledgeable. Concise. Kept it interesting.
Great presentation.
Great advice and insights on practical considerations
provides some good areas to investigate in protecting secrets
I really enjoyed this course. Thanks for a well structured and energetic presentation!
Presenter was very good. One of the best.
I enjoyed the presentation and the presenter did a very good job in conveying the content...
very practical and helpful
This was an interesting course!