Technological Considerations in Trade Secret Litigation: What Every Trade Secret Litigator Needs to Know

(1594 Ratings)

Produced on: January 29, 2015

Course Format On Demand Audio

Taught by


Course Description

Time 120 minutes
Difficulty Intermediate

As the use of computers, smart phones and other technology continues to evolve, trade secret litigation best practices must be constantly revisited.  This presentation is intended to increase awareness of how technology interacts with such litigation. 


In this regard, attorneys Michael Masri and Pedram Tabibi discuss the following: trade secret litigation basics; the impact of computers, smart phones and other technologies; how to investigate misappropriation of trade secrets; and litigation hold letters and court intervention. 


Learning Objectives:

I.     Comprehend the basics of trade secret litigation

II.    Recognize how computers, smart phones, and new technologies are used in connection with misappropriating trade secrets

III.   Grasp how to investigate and secure evidence relating to trade secret litigation

IV.   Understand litigation hold letters and court intervention




Michael H. Masri

Meltzer, Lippe, Goldstein & Breitstone, LLP

Michael is a Partner in the Firm's Employment & Labor and Litigation Practice Groups.

Michael has extensive experience counseling and representing employers in employment discrimination and other labor and employment issues before Federal Courts, State Courts, Administrative Agencies and Arbitration Panels. Michael also has extensive litigation experience representing businesses in connection with trade secret, unfair competition, dissolutions and other commercial matters. In addition, Michael has unique knowledge regarding the use of electronic data in modern litigation.

Michael's successes include obtaining an award of compensatory damages, punitive damages, attorneys' fees and costs in an unfair competition litigation where, among other things, Michael persuaded the Court to order electronic discovery of defendants' computers in a case of first impression which resulted in the Court finding an adverse inference ruling.

In addition to advising clients with respect to commercial, corporate and other matters, Michael regularly counsels clients concerning separation of employment, reductions in force, leave policies, computer policies, personnel practices, wage hour, union representation elections, collective bargaining, strikes, picketing, OSHA and other matters. Michael's clients include technology, communication, healthcare, securities, construction, manufacturing, not for profit, real estate, food service and transportation businesses.

Michael has represented employers in connection with investigations, charges, hearings, complaints and appeals before Federal and State Administrative Agencies including but not limited to the National Labor Relations Board, the Equal Employment Opportunity Commission, the New York State Division of Human Rights, the New York City Commission on Human Rights, the United States Department of Labor, the New York State Department of Labor and the New York State Workers Compensation Board.

Michael drafts employment handbooks, employment agreements and separation agreements affecting thousands of employees throughout the country and provides management training for both large and small companies.

Michael also counsels and represents insureds and insurance companies in connection with employment practice liability matters.

Michael regularly teaches continuing education courses and lectures to professional groups and the business community concerning employment and electronic data issues.

Michael previously worked at the National Labor Relations Board where he investigated unfair labor practice charges and conducted union representation elections. Michael also served as a clerk for the Chief Administrative Law Judge for the Regional Office of the Equal Employment Opportunity Commission.

Pedram Tabibi

Meltzer, Lippe, Goldstein & Breitstone, LLP

Pedram is an associate attorney in the Firm's Litigation, Corporate and Real Estate Groups. Pedram has experience in commercial litigation, corporate law, social media and internet law, real estate law, labor and employment law and intellectual property law.


As a litigator, Pedram's experience includes breach of contract, non-competition and non-solicitation agreements, wrongful termination, unfair competition, copyright and trademark infringement, the Computer Fraud and Abuse Act and Electronic Communications Privacy Act, false advertising under the Lanham Act, FINRA and AAA disputes, breach of fiduciary duty by an investment advisor including failure to diversify and allocate assets, life insurance disputes, partnership disputes, real property and air rights disputes, and landlord-tenant matters. Pedram has also negotiated and drafted a variety of agreements, including website development agreements, website privacy policies and terms of use, website purchase agreements, subscription agreements, confidentiality agreements and promissory notes.


Pedram's experience in the fields of social media law, intellectual property law and internet law includes privacy and publicity rights in Facebook advertising, formation of social media sweepstakes rules, social media authorization requests to Facebook, website terms of use and privacy policies, search engine keywords disputes on Google AdWords, Bing, Yahoo and AOL, domain name disputes, cyber-squatting, online trademark and copyright infringement, violations of the Digital Millennium Copyright Act, website notice and takedown letters, website provider immunity under the Communications Decency Act, violations of the Computer Fraud and Abuse Act, and violations of a non-compete agreements through Facebook and LinkedIn.


Pedram previously served as a judicial intern with the Hon. Martin E. Ritholtz of the Queens County Supreme Court, as an intern with LLC in their in-house legal department and as a law clerk at Meltzer Lippe.


Pedram graduated from the Benjamin N. Cardozo School of Law with a concentration in intellectual property law and from New York University, College of Arts and Science, with a Bachelor's Degree in Political Science. While at Cardozo, Pedram served as a staffer and then as Associate Symposium Editor on the Cardozo Public Law,Policy and Ethics Journal. 


Additionally, Pedram served first as a Justice and then as Chief Justice of the Cardozo Judicial Tribunal. Pedram was a member of Cardozo's Intellectual Property Law Society and the Sports and Entertainment Law Students Association.


Pedram has been a featured speaker on topics including social media, intellectual property, privacy and publicity rights,attorney marketing and more. Pedram has spoken at events including the Long Island Digital Summit, Trade Brooklyn and Trade Nassau, the Blog World and New Media Expo, and Fox & Friends. Pedram was honored as one of Long Island's "30 Under 30" young professionals by the Huntington Chamber of Commerce for 2012.


Pedram enjoys sports, music and spending time with family and friends both in Long Island and New York City. Pedram serves on the board of various Jewish organizations and the Iranian American Bar Association's New York Chapter. Pedram's professional affiliations include the New York State Bar Association, the New York City Bar Association and the Nassau County Bar Association.


Priscilla T.

Speakers were very knowledgeable and gave great examples.

Arthur G.

I thought it was well done

Sunita K.

This program is very useful

Brendan L.

Good program.

Barbara B. C.

The speakers were fabulous and engaging.

Kathryn W.

I found this topic extremely relevant and critical for any attorney to know.

Erik G.

Great program, I thought I was technically savvy but this program taught me numerous things I hadn't thought of!

Robert B.


Joel T.


Benjamin M.

very informative

Jesse W.

These two were great!

Victoria G.

Excellent presentation.

Steven W.

Great speakers

Yvenne K.

Informative presentation.

Dena R.

excellent -request more from this team

Eric M.

Fabulous course!

John A.


Ronald H.

Learned so much. Great job.

Maralyn L.


Elizabeth K.

excellent presentation

Lawrence R.

Nice course and presentation.

Christina D.

Excellent presentation. Excellent (knowledgeable) speakers.

Alain F.

Very good and in-depth review

Constance H F.

Very informative.

Lisa C.

i liked the format--conversation. not just one person speaking non-stop

Bill H.

very nice discussion of relevant issues in trade secret cases

John R.

Excellent seminar and well versed presentation with in depth discussion.

William B.

Very good, practical presentation

Martin A.

Great helpful.

Romina C.

Very interesting

Richard F.

Good exchanges between one speaker and the other.

Toni M.

very knowledgable speakers, excellent use of anecdotes.

George K.

Enjoyed the class.

Demian J.

Very informative.

Burman M.

Well presented

Randall S.

excellent presentation!

Gordon T.

Very interesting discussion regarding social media

Sean M.

Very good program

Patrick M.

This was quite good and informative.

Larry P.

Good investment of time.

Thomas M.

From time to time the two presenters would inter act with one asking questions that I had not thought to ask. Excellent

Gary N.

Nicely done discussion of trade secret

Theodore W.

Very informative.

Tara C.

Easy to understand; good points

cindy m.

Excellent presentation. Thank you!

William B.

This program is very good.

Jonathan K.

good discussion of unique issues of social media, for trade secret litigation.

Kirk L.


Peter B.

Good information

Sharron A.

I think it's one of your best

Thomas P.

Interesting comments about social media, LinkedIn, and Facebook.

Eileen M.

The information about technology and social media could apply to other areas of the law, not just trade secrets. Good course, speakers a bit boring but effective.

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