Why you should attend
The "Big Three" categories of intellectual property are patents, copyrights and trademarks, but just as valuable is the fourth category of trade secrets. If you work at a technology company or other company that creates or works with industry trade secrets - or if you counsel such a company - this course will teach you what you need to know to protect your valuable assets.
What you will learn
- Recent legal developments and practice tips
- How to identify, evaluate and secure your client’s trade secrets
- Critical differences between analyzing trade secrets and patents
- How to draft confidentiality agreements to avoid misappropriation claims
- What to expect in litigation and how to assess the cost
- Litigation strategies from attorneys in the trenches
Who should attend
This seminar is geared to those who are responsible for counseling clients on intellectual property issues in research and development, business transactions, and litigation. The course will benefit intellectual property lawyers, corporate counsel, and others involved in identifying, evaluating, and managing intellectual property.
Morning Session: 9:00 a.m. - 12:30 p.m.
9:00 Program Overview
P. Anthony Sammi
9:15 Trade Secrets Crash Course
- What is a trade secret and how is it created?
- Who needs to know about trade secrets?
- When is trade secret protection appropriate?
- Who is most likely to misappropriate a trade secret?
- What is the Uniform Trade Secrets Act?
- What are the common misconceptions about trade secrets?
- Why can trade secrets be so dangerous?
Prof. Sharon K. Sandeen
10:15 Protecting Your Client’s Secrets
- Creating value: identifying trade secrets that aren’t secret recipes
- Managing employees: what to do to reduce risks and preserve remedies
- Trade secret plumbing: how to stop leaks
- Monitoring employees and competitors post-termination
- Pay to protect: the best way to prevent theft?
David E. Garrett, David Klausner
11:15 Networking Break
11:30 Litigation: When to File and What to Expect
- Brace for impact: anatomy of a trade secret case and implications for product pipelines
- Threatening to enforce: best practices for deciding when, where, and how to file
- Key differences between patent and trade secret litigation
- Budgeting: milestones in trade secret litigation
- ESI CSI: are forensics specialists needed?
- Damage control: how to keep bad facts from multiplying during litigation
P. Anthony Sammi
12:30 Lunch Break
Afternoon Session: 1:45 p.m. - 5:30 p.m.
1:45 Trade Secret Litigation Panel
- Perspectives from the bench
- Discovery: what are the risks for the trade secret owner?
- Telling the story: what matters more - the technology or the situation?
- Disclosing the trade secret: when and how to demand details
- Chance of success: preliminary injunctions, TROs, arbitration and settlement
- Techniques for limiting the burden and intrusiveness of discovery
Victoria A. Cundiff, Hon. Judge Faith S. Hochberg, Hon. James P. Kleinberg, Allen J. Ruby, Hon. (Ret.) James Ware
2:45 Controlling Costs in Litigation: Experts and Damages Panel
- Expert witness strategy: who, when, why and how?
- How to maximize value and minimize costs from complaint to verdict
- Techniques for assessing the value of a trade secret
- Damages calculations and what to expect at trial
- Consultant wear stories: mistakes, myths and miracles
Daniel Cooper, Christopher P. Gerardi, Daniel L. Jackson
3:45 Networking Break
4:00 Best Practices at Home and Abroad Panel
- Tips for licensing trade secrets
- Disclosing trade secrets to vendors and contractors
- Managing the risks of cloud computing
- Foreign protection: how to protect trade secrets abroad
- Non-disclosure and confidentiality agreements: where are the landmines?
- Freedom to operate: critical differences between trade secrets and other IP
- Clean rooms: how to prevent project contamination
Prof. Sharon K. Sandeen, Moderator; Kathryn Rorem Coburn, Stephen F. Lapham, Bernard C. Shek, Laura Wen-yu Young
~ Independent Computer Expert and Consultant, David Klausner, Inc., and Soflit
John M. Mola
~ Director of California Operations, Practising Law Institute
San Francisco Seminar Location
PLI California Center, 685 Market Street, San Francisco, California 94105. (415) 498-2800.
San Francisco Hotel Accommodations
The Palace Hotel, 2 New Montgomery Street, San Francisco, California 94105. Call (800) 917-7456 seven days a week from 6:00 am to 12:00 am (PDT) and mention you are attending this program at Practising Law Institute to receive the preferred rate. For online reservations, go to www.sfpalace.com/pli to receive the preferred rate.
Due to high demand we recommend reserving hotel rooms as early as possible.
PLI's live programs are approved in all states that require mandatory continuing legal education for attorneys, except Arizona. Please be sure to check with your state for details.
Please check the CLE Calculator above each product description for CLE information specific to your state.
Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys. All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.
Please note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement.
If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.
Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.