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Trade Secret Litigation Today: Cutting-Edge Issues for Every Litigator


Level: Advanced
Runtime: 91 minutes
Recorded Date: March 31, 2021
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Agenda

• What is a trade secret?
• Interim & final remedies
• Eight mandatory requirements for seizure
• Seizure Denials
• Granted Seizures
• The Inevitable Disclosure Doctrine
• Case Study
        - UTSA v. Common Law (New York)
        - Yellowfin Yachts v. Barker Boatworks, LLC
        - Abrasic 90 Inc. v. Weldcote
        - Compulife Software, Inc. v. Newman, 2020
        - Waymo v. Uber
        - BioTech Trade Secrets v. Patents
        - Agilent v. Twist 

Runtime
: 1 hour, 31 minutes
Recorded: March 31, 2021

Description

This program will explain trade secrets, how they work, and how they are maintained and enforced. Attendees will learn about key issues that have emerged under trade secret law, such as the inevitable disclosure doctrine and its status under federal law, why trade secret law has become increasingly important, particularly given SCOTUS decisions regarding patentability of biotech and life science IP, interim remedies and kinds of damages available in trade secret litigation, and how the federal trade secret statute can be enforced overseas.

This program was recorded on March 31st, 2021.

Provided By

American Bar Association

Panelists

Joan Archer Ph.D., J.D.

General Counsel
Farmobile, LLC

Prior to joining Farmobile, Joan was a partner in Husch Blackwell LLP’s Kansas City office. Well-known for her legal accomplishments in food and agribusiness, while in private practice, she counseled clients on intellectual property and licensing matters, food safety regulations, and data privacy. She also is a seasoned intellectual property and commercial trial attorney.

Joan has repeatedly been recognized by Super Lawyers in the area of intellectual property litigation and has been named one of the top 50 female attorneys in Kansas and Missouri and top 100 attorneys in the Kansas City metropolitan area. Joan is involved in a leadership role with the American Bar Association’s Section of Litigation.

A tireless advocate for farmers’ data rights, Joan is a frequent speaker at AgTech conferences.

David M. Caves

Attorney
Bradley & Riley, PC

David Caves leads a complex civil litigation practice with a focus on high-stakes commercial and IP disputes. David is an experienced trial and appellate advocate who has litigated significant matters in courts and arbitral arenas throughout the United States. He has extensive experience managing complex, multi-jurisdiction litigation and works with clients to develop litigation strategies to efficiently and aggressively position matters for a successful resolution. David advises clients on a range of complex matters, with a particular focus on disputes involving trade secrets, copyright and trademark infringement, patents, non-competition agreements, antitrust, RICO, and insurance coverage.

David graduated from the University of Chicago Law School and Northwestern University. He joined the firm in 2016 from a trial-focused litigation boutique and is an original member of the firm’s Chicago office. David is the current chair of the firm’s Intellectual Property practice group. He is active in several bar organizations, currently serving as a co-chair of the American Bar Association’s IP Litigation Trade Secrets Committee.

Joel D. Bush II

Partner
Kilpatrick Townsend & Stockton, LLP

Joel Bush concentrates his practice in the area of complex commercial litigation, with particular emphasis on information technology and software disputes, misappropriation of trade secrets, commercial contracts, business torts, restrictive covenant, and technology license disputes. Mr. Bush has litigated disputes arising out of computer hardware installations, software implementations, network design projects, and other technology implementations.

Mr. Bush has handled many disputes involving technology or software matters, including claims arising out of technology implementation projects for ERP, CRM, supply chain, data processing, inventory control, human resource automations, transportation automations, point of sale, logistics, demand response, and storage and systems management functionalities. He has represented both customers and vendors in these disputes, and with roughly equal experience on both sides.

Mr. Bush regularly represents software and technology companies in claims based on fraud, breach of contract, and negligence arising out of implementation problems, network design issues, software performance, and system compatibility problems. He has represented employers and employees in disputes arising out of restrictive covenant agreements. Mr. Bush routinely litigates trade secret disputes and he has particular experience in trade secret claims arising out of software development. Mr. Bush also represents commercial parties in contract, indemnity, and related claims. He has appeared in federal and state courts and is also experienced in arbitration.

Mr. Bush joined the firm in 1993. Mr. Bush has been recognized as a Georgia "Super Lawyer" in General Litigation by Super Lawyers magazine. He was recognized by The Best Lawyers in America? in 2017 and 2018 for Technology Law, in 2019 and 2020 for Information Technology Law, Intellectual Property Litigation, and Technology Law, and in 2021 for Commercial Litigation, Information Technology Law, Intellectual Property Litigation, and Technology Law. Mr. Bush was recommended by Legal 500 US in 2015, 2016 and 2017 for Trade Secrets Litigation. He was named to Georgia Trend's "Legal Elite" in 2013 for General Practice and is AV? rated by Martindale-Hubbell.*

John A. Stone

Partner
DeCotiis, Fitzpatrick & Cole, LLP

John A. Stone is a partner in DeCotiis' New Jersey and New York offices. He joined the firm as a partner in 2008 and is a member of the Litigation, Intellectual Property, Complex Business and Construction practice groups.

Mr. Stone's practice focuses on complex business matters, including trade secret and intellectual property litigation, unfair competition and tortious interference claims, insurance coverage cases, construction and land use disputes and intra-company disputes, as well as Constitutional claims and Section 1983 cases. Mr. Stone also litigates claims for injunctive and other equitable remedies, including in New Jersey's Chancery Division, and New York's Supreme Courts' Commercial Divisions. He has tried lender liability, tortious interference, fraudulent conveyance, oppressed shareholder cases and actions in lieu of prerogative writ.


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