Privacy and Trade Secrets Laws: Maintaining Confidentiality While Complying With Transparency Requirements

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Trademark and Copyright
- event Date
Thursday, December 7, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will guide counsel on navigating the conflict between trade secret and privacy laws. The panel will discuss the challenges facing companies and what they can do as privacy laws continue to expand and companies look for ways to protect their technology and other assets.
Faculty

Ms. Colgate’s practice is largely focused on litigation for a clientele that includes manufacturing, technology, and publishing companies. While the majority of Ms. Colgate’s cases involve patents, her litigation experience extends into all facets of IP and technology-related tort and contract matters, including trade secret, unfair competition, trademark, copyright, breach of contract, and fraud-related claims. She also consults with clients regularly on IP strategy, contracts and licensing negotiations, privacy, and defamation/libel reviews. In addition to litigation, Ms. Colgate regularly handles a wide range of other legal matters for clients. She’s skilled at pre-litigation risk evaluation and strategy, and counsels clients on IP protection and enforcement as well as privacy law compliance and best practices. She provides opinions on privacy and security-related topics, as well as patent subjects such as freedom to operate, invalidity, and noninfringement. Ms. Colgate advises clients in contract and licensing matters, such as negotiation, drafting, IP and privacy issues, and dispute resolution. Finally, she’s a recognized thought leader, authoring expert analyses, speaking on panels and webinars on topics as diverse as developing IP issues, litigation strategy, damages and remedies, and privacy.

Ms. DeAbrantes (“Nikki”) provides support to clients worldwide, including the United States, the European Union, and Japan. These clients operate in several different industries, including biotechnology, pharmaceuticals, video streaming, farm equipment, and light emitting technology.
Description
In the current world where “data is the new oil,” companies are increasingly looking to trade secret law to protect their valuable assets. Confidentiality and limited access are key in protecting trade secrets.
At the same time, the race is on to enact consumer data privacy laws. There are currently 11 states that have comprehensive data privacy laws, numerous other states have proposed bills pending, and there are a multitude of other privacy laws protecting specific groups and subject areas. A goal of these privacy laws is to give users control over “their” data – data about them.
What happens when the same data is the subject of both consumer privacy laws and corporate trade secret protection? How do companies comply with both legal regimes?
Also, some privacy laws are being passed with private rights of action and the potential for substantial damages. This further heightens the conflict between data privacy and trade secret law and the risk for companies having to choose between trade secret protection and privacy compliance.
Listen as our authoritative panel of IP attorneys examines both trade secret and privacy laws and the conflict between the laws. The speakers will discuss the challenges facing companies in the latest industrial revolution and what they can do as privacy laws continue to expand and companies look for ways to protect their technology and other assets.
Outline
- Conflict between trade secret laws and privacy laws
- Risks for companies
- Best practices for maintaining confidentiality while complying with privacy laws
Benefits
The panel will review these and other key issues:
- Can trade secrets law and privacy law coexist?
- What risks do companies face when seeking to meet the requirements of both trade secret and privacy laws?
- What steps should counsel take to deal with these conflicting laws?
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