Seminar  Seminar

Trade Secrets 2018: What Every Lawyer Should Know


Why You Should Attend

New technologies and cross-border transactions place valuable secrets at increased risk. Every failed business collaboration or key employee departure raises the potential for trade secrets loss. Damages awards in trade secret cases are increasing. And prosecutors are focusing on information theft as a strategic priority. Whether you work at or counsel a technology company or any other company that creates or works with trade secrets – which means any company – this program will teach you what you need to know to protect your valuable assets, safely share confidential information, secure effective remedies for misappropriation and prevent and defend against claims of misappropriation.

What You Will Learn  

  • Hear a primer on trade secrets law and the latest developments
  • Learn how to prevent and manage trade secrets crises
  • Find out the best approaches to safeguard your company’s trade secrets when crossing international borders
  • Evaluate the unique features of trade secrets damages and the related costs of misappropriation
  • Recognize the potential for trade secrets disputes to arise with cutting edge technologies and new business models

Special Features

  • Identify ethical issues in trade secrets disputes

Who Should Attend

PLI's Trade Secrets 2018 is geared to those who are responsible for assisting clients in protecting and sharing intellectual property, structuring business transactions, and litigating and resolving business disputes. It will benefit intellectual property lawyers, corporate counsel, employment lawyers, white collar and investigations attorneys and others involved in protecting intellectual property and key strategic personnel.

9:00 Opening Remarks

Victoria A. Cundiff



9:15 A Trade Secrets Crash Course: A Primer on Trade Secrets Law and the Latest Developments
  • The legal underpinnings of trade secrets law
  • The year in review: what lawsuits over driverless cars, failed deals, wind turbines and smart canaries can teach us about protecting trade secrets and avoiding misappropriation
  • The patent/copyright/trade secrets/contract calculus: sometimes the best tool for protecting information can be multiple tools
  • How do remedies for trade secrets misappropriation compare to other IP remedies?

Victoria A. Cundiff



10:15 Preventing and Managing Trade Secrets Crises

Trade secrets disputes are fast-paced and often create a crisis, for both sides of the dispute. How can organizations respond effectively?

  • Danger zones: what activities pose the greatest risk and how have the risks changed?
  • The first thirty days of a trade secrets dispute—what should the accuser and accused do to learn the facts, prevent risk, and explore solutions, in or out of court?
  • Serious problems or just bad optics: how can properly conducted early forensics work help both trade secrets owners and accused parties?
  • How can advance planning prevent trade secrets crises?

Russell Beck, Audra A. Dial, Wendy T. Wu



11:15 Networking Break

11:30 Safeguarding Trade Secrets Across Borders

When trade secrets cross international borders, deliberately or through misappropriation, a whole new world of considerations may apply.

  • Trade secrets considerations when conducting business in Asia: conducting due diligence and installing appropriate safeguards
  • Litigating across borders: how far does U.S. law reach and how does it intersect with non-U.S. law?
  • Obtaining evidence and inspection in international disputes
  • ITC proceedings

Jeff A. Pade



12:30 Lunch

1:45 Ethical Issues in Trade Secrets Disputes

Trade secrets disputes can cause special professional risks on both sides. How can lawyers fulfill their ethical obligations to their clients and the court, and how does it look to the bench when they don’t?

  • Assessing conflicts on both sides of the “v
  • Adjusting litigation positions as new facts are discovered: the duty to advance only meritorious claims and contentions
  • Playing by the rules: preserving and producing evidence and fulfilling the duties of candor to the tribunal and fairness to opposing parties and counsel
  • Avoiding sanctions and findings of “bad faith” litigation under amended Fed. R. Civ. P. 37 and applicable state law
  • How attorney and client (mis)conduct look from the bench

Jennifer A. Kenedy, Hon. James P. Kleinberg (Ret.)



2:45 Trade Secrets Damages: The Costs of Misappropriation

Trade secrets damages awards are more frequent and larger than ever before, and litigation over the admissibility of damages theories in trade secrets cases is becoming more intense. What’s happening and why?

  • What’s different about trade secrets damages?
  • Why can it be so difficult to prove damages in trade secrets cases?
  • The latest cases on expert reports and damages awards
  • How are damages under the DTSA different from damages available under some state laws?

Amy H. Candido, Jon Putnam



3:45 Networking Break

4:00 Looking into the Trade Secrets Future: Trade Secrets Disputes in Cutting Edge Technologies and New Business Models
  • How can new technologies increase or reduce the risks for trade secrets owners and accused parties?
  • Protecting trade secrets in new technologies: artificial intelligence, robotics, drug exploration; and more
  • Trade secrets issues arising from new collaboration models
  • What’s on the horizon for protecting trade secrets and litigating to protect them?

Andrea Weiss Jeffries, James Pooley, Bryan J. Wilson



5:00 Adjourn

Program Attorney(s)
Ivo Mijac ~ Senior Program Manager, California, PLI

San Francisco Seminar Location

PLI California Center, 685 Market Street, San Francisco, California 94105. (800) 260-4754.

San Francisco Hotel Accommodations

Park Central Hotel, 50 Third Street, San Francisco, CA 94103. 415-974-6400. PLI has a corporate rate.  Please book online at Park Central Corporate Rate

Omni Hotel San Francisco, 500 California Street, San Francisco, CA 94104. 415-677-9494.  When calling, please mention Practising Law Institute.  You may also book online at PLI Omni 2019 .

Due to high demand we recommend reserving hotel rooms as early as possible.

General credit information about this format appears below. For credit information specific to this program, please choose your jurisdiction(s) in the Credit Information box on the right-hand side of this page.


U.S. MCLE States

Alabama: PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Alaska:  All PLI products can fulfill Alaska’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Arizona:  PLI’s live seminars qualify as “interactive CLE” credit. There is no limit to the number of credits an attorney can earn via interactive CLE programs.

Arkansas:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

California:  PLI’s live seminars qualify as “participatory” credit. There is no limit to the number of credits an attorney can earn via participatory programs.

Colorado:  All PLI products can fulfill Colorado’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Connecticut: Effective January 1, 2017, all PLI products can fulfill Connecticut’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Delaware:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Florida:  All PLI products can fulfill Florida’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Georgia:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Hawaii:  All PLI products can fulfill Hawaii’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Idaho:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Illinois: All PLI products can fulfill Illinois' CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Indiana:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Iowa:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Kansas:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live programs.

Kentucky:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Louisiana:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Maine:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Minnesota:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Mississippi:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Missouri:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Montana:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Nebraska:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Nevada:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

New Hampshire:  All PLI products can fulfill New Hampshire’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

New Jersey:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

New Mexico:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

New York

Experienced Attorneys:  All PLI products can fulfill New York’s CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Newly Admitted Attorneys:  PLI’s transitional live seminars can be used to fulfill the requirements for newly admitted attorneys. All credit categories may be earned via transitional live seminars.

North Carolina:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars

North Dakota:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Ohio:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Oklahoma:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Oregon:  All PLI products can fulfill Oregon’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Pennsylvania: PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Puerto Rico:  All PLI products can fulfill Puerto Rico’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Rhode Island:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

South Carolina:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Tennessee:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Texas:  All PLI products can fulfill Texas’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Utah:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Vermont:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Virgin Islands:  All PLI products can fulfill the Virgin Islands’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Virginia:  PLI’s live seminars qualify as “live interactive” credit. There is no limit to the number of credits an attorney can earn via live interactive programs.

Washington:  All PLI products can fulfill Washington’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

West Virginia:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Wisconsin:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Wyoming:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

CPD Jurisdictions

British Columbia (CPD-BC):  PLI’s live seminars qualify as “real-time” credit. There is no limit to the number of credits an attorney can earn via real-time programs.

Ontario (CPD-ON):  PLI’s live seminars qualify as “interactive” credit. There is no limit to the number of credits an attorney can earn via interactive programs.

Quebec (CPD-QC): PLI’s live seminars can fulfill Quebec’s CPD requirements.

Hong Kong (CPD-HK):  PLI’s live seminars qualify as “live” credit. There is no limit to the number of points an attorney can earn via live seminars.

United Kingdom (CPD-UK):  PLI’s live seminars can fulfill the United Kingdom’s CPD requirements.

Australia (CPD-AUS):  PLI’s live seminars qualify as “live” credit in all Australian jurisdictions. There is no limit to the number of credits an attorney can earn via live seminars.

Alberta (CPD-ALBERTA):  All PLI products can fulfill Alberta’s CPD requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Dubai (CLPD-DUBAI):  PLI’s live seminars may fulfill CLPD credit requirements.

Other Credit Types

CPE Credit (NASBA): PLI’s live seminars qualify as the “Group-Live” delivery method. Please check the Credit Information box on the right-hand side of this page to verify CPE credit availability.

IRS Continuing Education (IRS-CE): PLI’s live seminars may fulfill IRS-CE requirements. To request IRS-CE credit, please notify PLI at plicredits@pli.edu of your request and include your Preparer Tax Identification Number (PTIN).

Certified Fraud Examiner CPE:  PLI’s live seminars may fulfill Certified Fraud Examiner CPE requirements. To request CPE credit or find out which programs offer CPE, please contact PLI at plicredits@pli.edu.

IAPP Continuing Privacy Credit (CPE):  PLI’s live seminars may fulfill Privacy CPE credit requirements.

HR Recertification (HRCI):  PLI’s live seminars may fulfill HR credit requirements.

SHRM Recertification (SHRM):  PLI’s live seminars qualify as "instructor-led" credit. There is no limit to the number of credits an SHRM professional can earn via instructor-led programs.

Compliance Certification Board (CCB):  PLI’s live seminars qualify as “live” training events. There is no limit to the number of credits a candidate or certification holder can earn via live programs.

Certified Anti-Money Laundering Specialists (CAMS):  PLI’s live seminars may fulfill CAMS credit requirements.

New York State Social Worker Continuing Education (SW CPE):  PLI’s live seminars may fulfill SW CPE credit requirements.

American Bankers Association Professional Certification (ABA):  PLI’s live seminars may fulfill ABA credit requirements.

Certified Financial Planners (CFP):  PLI’s live seminars may fulfill CFP credit requirements.

 

Item# 219408
Location:  San Francisco, CA
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Seminar attendance includes the downloadable course handbook and associated course materials. They will be available several days prior to the program start for your review.

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