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Trade Secret Misappropriation

(562 reviews)

Produced on October 27, 2016

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Course Information

Time 62 minutes
Difficulty Intermediate

Course Description

For years, critics of the existing trade secret law framework in the United States have lamented the discord caused by a state-by-state system of law for a form of intellectual property that is often owned by national or multinational entities. Now, the passage of the Defend Trade Secrets Act (“DTSA”), signed into law on May 11, 2016, provides a unique opportunity to examine the nature of two co-existing systems:  The new private federal course of action for misappropriation, and the older state law approach. How will the DTSA, which does not preempt state law, impact the previous system?

This course involves a detailed look into the new setting for trade secret law, including the codification of the DTSA and how the DTSA’s ex parte seizure provision will function. The Act will be compared to its counterpart, the Uniform Trade Secrets Act (“UTSA”), in both its model and adopted forms, as well as to the law of states such as New York which have never adopted the Uniform Act. The bearing of the DTSA on existing trade secret jurisprudence will be examined, as will its inevitable impact on the stated goal of the UTSA, uniformity in the application of trade secret law.

Join Merri C. Moken, Partner of Holland & Knight in New York, for this discussion. Ms. Moken’s litigation and transactional practice includes more than a decade of experience in intellectual property law. 

Learning Objectives:
  1. Understand the DTSA
  2. Learn about the seizure provision and how to implement it
  3. Assess when to pursue a claim for theft of trade secret under Federal or state law
  4. Discuss cases brought under the DTSA, and the courts' determinations to date
  5. Gain familiarity with the DTSA’s impact on trade secret misappropriation by international actors

Credit Information

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Merri C. Moken

Paul Hastings

Merri C. Moken is of counsel in the Intellectual Property and Litigation practice of Paul Hastings, and is based in the firm's New York office. Her broad-based patent litigation practice includes the biotech, regenerative medicine, chemical, and pharmaceutical fields, as well as the mechanical and electrical arts. She has appeared before federal district and appellate courts, and the U.S. International Trade Commission (USITC).

Ms. Moken represents both plaintiffs and defendants concerning patent infringement, validity and enforceability, as well as trade secret misappropriation and other contract-related matters. She also represents internationally-based clients and has served as counsel in both domestic and foreign proceedings. Her practice includes client counseling, due diligence, licensing, trade secrets, unfair competition, dispute resolution, opinion work and strategy for intellectual property and business goals.

Her portfolio evaluations of M&A targets worldwide have included all forms of intellectual property, particularly in the chemical, biologics, and medical device spaces. Ms. Moken's  licensing work also has largely focused in these spaces internationally, and has included chimeric antigen receptor and other antibody technologies, as well as the use of machine-learning solutions in the diagnosis and treatment of cancer.

Ms. Moken has served as lead counsel in a number of patent and trademark infringement litigations and has successfully argued claim constructions and numerous motions, including for injunctive relief, summary judgment, and pretrial motions at the U.S. District Court level. Her litigation practice relies on her knowledge of diverse technologies, a thoughtful and consider-all-angles approach, and her command of the deposition room and courtroom.

Ms. Moken's  extensive experience in Abbreviated New Drug Application (ANDA) litigation has been particularly advantageous for her pharmaceutical clients. She has both enforced and defended against the assertion of patent rights with respect to a wide array of scientific disciplines. She also has litigated and counseled clients in the medical device arena, including with respect to drug-eluting stents, transdermal drug delivery systems, biologic and synthetic surgical meshes, and revolutionary hip and knee replacement technology.

In addition, Ms. Moken has an extensive knowledge of engineering technologies, including in the communication device, automotive, digital surveillance, Internet, and cable industries. Ms. Moken further advises clients with respect to contractual matters and IP strategy, rights, and protection, in addition to representing them in both commercial and IP litigation.

Prior to her legal career, Ms. Moken gained practical work experience at several pharmaceutical companies, providing her with a real-world perspective and a significant understanding of underlying technologies. This experience gives her valuable insight into managing both the business and intellectual property goals of her clients, as well as providing creative solutions to help them reach those goals. Ms. Moken also spent several years performing independent research, discovering that disinfectants induce the expression of the mar gene, conferring multiple antibiotic resistance in bacteria. As an undergraduate at Princeton University, her scientific research and thesis focused on metal-assisted assembly of multi-helix protein bundles.


James A.

Interesting overview.

keith d.

A good course and worth the time.

Jundong M.

This is a good course.

Derek B.

Use of statistical data was a nice addition and helped add good context.

Bernard R.

Ms. Moken did an outstanding job presenting such a complex topic.

Julie A. B.

Pleasant delivery.

Robert B.

Thanks! Great presentation!

Clarence S.

Excellent course on new federal legislation and application under existing law.

Kelly D.

Good presenter

Scott R.


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