Program Overview
Who Should Attend
In-house and private attorneys, business executives, consultants and others interested in protecting and maximizing the value of their trade secrets and patents
Why You Should Attend
It's been almost two years since President Obama signed the Defend Trade Secrets Act (DTSA) into law. Enough time has passed for a body of case law to develop in response to both civil and criminal enforcement actions. As a result, we'll start this year's program with an update on enforcement trends.
The litigation trends show a marked increase in trade secret cases and substantial verdicts. We'll have an economic expert provide insights into those trends and a top litigator explore the implications for litigation strategies. We'll also explore choice of forum issues arising from the existence of a choice between the ITC vs. domestic courts for international enforcement. For collaborations, we'll explore decisional trends arbitration vs. court litigation.
Everyone relying on trade secrets faces the prospect of employees unexpectedly departing and taking secrets with them. We'll have some expert advice for internal procedures and explore potential ethical issues arising from development of those procedures
We hope you will join us for an up-to-date look at the current status of trade secret enforcement under DTSA.
~ Jeffrey C. Johnson, Esq. of K&L Gates and Jerry A. Riedinger, Esq. of Perkins Coie LLP, Program Co-Chairs
What You Will Learn
- ~The Defend Trade Secret Act as it approaches its two year anniversary: Civil and criminal enforcement updates
- ~The increase in trade secret cases and substantial verdicts, market trends and legal arguments
- ~Choice of Forum: ITC vs. domestic courts, standing, proof and available remedies
- ~Arbitration: pros and cons over use of information in collaborations and in resolution of disputes; arbitration vs court litigation
- ~ Getting collaboration deals done, drafting tips
- ~Planning for the unexpected departure of key personnel:
- ~Potential ethical issues from adaptation to the new provisions of the Act
What Attendees Have Said About Similar Programs
- "Excellent faculty and subject matter."
- "All presenters were very up to date on recent developments/emerging issues and tried to set up material in a useful, "real world" manner."
- "Very strong seminar overall. Thank you."
Friday, March 23, 2018
8:30 am
Registration Opens
9:00 am
Introduction & Overview
Jeffrey C. Johnson, Esq.
, Program Co-Chair
K&L Gates LLP / Seattle, WA
Jerry A. Riedinger, Esq.
, Program Co-Chair
Perkins Coie LLP / Seattle, WA
9:15 am
Defend Trade Secret Act (DTSA) as it Approaches its Two-Year Anniversary
Civil enforcement update
Robert B. Milligan, Esq.
Seyfarth Shaw LLP / Los Angeles, CA
9:45 am
The Economic Espionage Act
Criminal Trade Secret Prosecution Overview
Barak Cohen, Esq.
Perkins Coie LLP / Washington, DC
10:30 am
Break
10:45 am
The Increase in Trade Secret Cases and Substantial Verdicts
The economics: Market trends for the underlying value of trade secrets vs. patents and the implications for the decision to take one path or the other
Thomas Britven
, Managing Director
ASQ Consulting / Houston, TX
Implications for litigation strategies: Factors from choice of forum through development of evidence and legal arguments to support or defend against damages claims
Nick G. Saros, Esq.
Jenner & Block LLP / Los Angeles, CA
12:15 pm
Lunch (on your own)
1:30 pm
Choice of Forum
International Trade Commission (ITC) vs. domestic courts: We have seen an increase in ITC cases, but what are the pros and cons in terms of standing, proof, and available remedies?
Harold H. Davis, Jr., Esq.
K&L Gates / San Francisco, CA
2:15 pm
Arbitration of Trade Secret Disputes
A litigator's perspective on the pros and cons for disputes over use of information in collaborations and as a way to negotiate of resolution of other disputes in a less public forum; decisional trends in arbitration vs. court litigation
Jerry A. Riedinger, Esq.
, Program Co-Chair
Perkins Coie LLP / Seattle, WA
3:00 pm
Break
3:15 pm
Planning for the Unexpected Departure of Key Personnel After Discovery of the Departure
Current best thinking for critical bases to cover in the first few hours after discovery of the departure; practical tips for developing the plan, including use of forensics to strengthen your position.
Joanne M. Hepburn, Esq.
K&L Gates / Seattle, WA
Sean E. Selin, Esq.
, IP Litigation Staff Lawyer
K&L Gates / Seattle, WA
4:00 pm
Legal Ethics
Potential issues arising from adaptation of internal procedures to the new provisions of DTSA and the conduct of litigation under the Act
John A. Tondini, Esq.
Byrnes Keller Cromwell LLP / Seattle, WA
5:00 pm
Evaluations and Adjourn
Faculty Bios
Jeffrey C. Johnson,
Program Co-Chair, is a partner at K&L Gates LLP. He focuses his trial practice on intellectual property and other types of high stakes complex litigation. He also has led internal corporate trade secret and copyright infringement investigations, both domestically and internationally.
Jerry A. Riedinger,
Program Co-Chair, is a partner at Perkins Coie LLP. He focuses on patent infringement, trade secret and complex IP litigation. He was named "Litigator of the Year" by Managing Intellectual Property, is listed annually in Best Lawyers and Superlawyers, and is top ranked by Chambers.
Thomas Britve
n, President of ASQ Consulting, is recognized as one of the World's Leading Patent Professionals in the IAM Patent 1000. An economic consultant, he has served legal counsel and corporate clients in hundreds of financial matters including damage analysis, breach of contract, business interruption, forensic accounting, and business valuation with an emphasis in IP disputes.
Barak Cohen
is a partner in Perkins Coie LLP's White Collar and Investigations practice and serves as the Litigation Lead for the firm's DC office. A former federal prosecutor, he represents companies and individuals in criminal matters before law enforcement authorities and in parallel civil litigation. He has recently focused on False Claims Act investigations relating to foreign corruption offenses.
Harold H. Davis, Jr.
is a partner at K&L Gates.. He is an IP trial lawyer focusing on patent, trade secret, and unfair competition matters. His experience includes representing computer design and manufacturing companies, semiconductor manufacturers, electronics providers, biotechnology research entities, software companies and other technology companies.
Joanne M. Hepburn,
Of Counsel, K&L Gates, is a trial attorney focusing on high stakes commercial and IP litigation, including trademark, copyright, trade secret and employees mobility issues. She has substantial experience in TRO/preliminary injunction proceedings.
Robert B. Milligan
is a co-chair of the Trade Secrets, Computer Fraud, and Non-Competes practice group at Seyfarth Shaw LLP. He focuses on commercial litigation and employment matters including unfair competition, trade secret misappropriation and other intellectual property theft, invasion of privacy, consumer and employee class actions, discrimination and harassment claims and bankruptcy.
Nick G. Saros
is a partner at Jenner & Block LLP and focuses on complex intellectual property matters, primarily patent infringement and trade secret litigation. He is recognized as a "Super Lawyer" and in 2016 was a lead member on the team that won a $940 million jury verdict on claims of misappropriation of trade secrets, breach of contract, fraud, and violations of state and federal law.
John A. Tondini
is a partner at Byrnes Keller Cromwell LLP. He represents plaintiffs and defendants in complex litigation matters including securities, consumer class actions, professional liability suits, mass tort litigation and trade secret, patent and licensing cases. He is preeminent AV rated, recognized as a Super "Lawyer" and listed in Seattle Metropolitan Best Lawyers for Antitrust and Trade Regulation.
Location
Fourth & Madison Building
925 Fourth Avenue, Suite 2900 in Seattle, WA 98104-1158
The seminar will be held at the Fourth & Madison Building at 925 Fourth Avenue, Suite 2900 in Seattle, WA 98104-1158. Lodging is available at a number of nearby hotels--use your favorite hotel website to find the one that offers the best deal for you.
More about the Location
Map & Directions