"Taking Your Trade Secrets to Federal Court: What You Need to Know About Your Options," Webinar, 1:30-2:30 p.m. EDT

Under the recently-passed Defend Trade Secrets Act, trade secret plaintiffs can now take trade secret misappropriation lawsuits directly to federal court. The DTSA is generally consistent with the Uniform Trade Secrets Act, on which most the states’ trade secret laws are based, and provides an alternative to state law causes of action. The DTSA aims to make trade secret litigation more predictable by establishing a national standard, and to strengthen protections for trade secrets. As the enactment of the DTSA is expected to lead to a rise in trade secret litigation, it is important for companies dealing with trade secrets to be familiar with the new law.

This webinar will discuss:

(1) Elements of federal trade secret claims and defenses, including the basis for federal jurisdiction, and other provisions of the DTSA, with special focus on protection of employee mobility and provisions for avoiding preemption of state trade secret laws;

(2) The provisions of otherwise applicable state law pertaining to trade secrets, including specifically (a) state laws prohibiting restraints on profession or trade that may limit injunctive relief available under the DTSA, and (b) state law provisions that differ from the DTSA and strategic implications;

(3) the controversial “ex parte seizure” provision enabling courts to order law enforcement officers to seize property “necessary to prevent the propagation or dissemination of the trade secret.”

CLE Credit

MCLE credit approval is pending. Kilpatrick Townsend & Stockton LLP will apply for CLE credit when eligible in California, Colorado, Georgia, New York, North Carolina, Texas, Virginia, and Washington. For states not listed, a Certificate of Attendance which lawyers may use to self-apply for credit will be provided.