About the Course
Introduction
This CLE webinar will guide IP counsel on structuring agreements to preserve trade secrets and avoid pitfalls which can result in the trade secrets entering the public domain. Recently, the Court of Appeals for the Ninth Circuit decided that a poorly drafted non-disclosure agreement allowed a competitor to freely use the trade secrets. Furthermore, due to the improperly worded agreement, the court overturned an award of $78 million in favor of the trade secret owner. The panel will address key provisions for trade secret agreements including employment agreements, non-disclosure agreements, and licenses. Also, the panel will offer best practices for structuring such agreements. In addition, the panel will discuss identifying and safeguarding trade secrets.
Description
To maintain their trade secrets, companies often rely on agreements to contractually prohibit employees and third parties from disclosing their information. In transactions involving trade secrets, it is critical that the contract protects the trade secrets involved. The agreement should include confidentiality provisions that survive the termination of the agreement to safeguard the trade secret. Even if the deal falls apart, counsel must ensure the trade secret is protected.
By understanding the essential elements--and the common pitfalls--in trade secret agreements, counsel for trade secret owners can prepare to effectively structure and negotiate contracts in their clients' best interests.
Listen as our authoritative panel of IP attorneys provides IP owners and counsel guidance on protecting trade secrets. The panel will address key provisions for trade secret agreements and will offer best practices for structuring trade secret agreements.
Presented By
Mr. Augustyn represents clients in high stakes intellectual property litigation, licenses, agreements, mergers & acquisitions, client counseling, and prosecution. Leveraging his prior experience in management and as an engineer at Fortune 100 companies, he understands that IP and business issues require creative and cost-effective legal solutions. Mr. Augustyn has been an international speaker at over 60 programs to thousands of corporate and outside counsel. Also, he has been an instructor and advisor for over 15 years total at Loyola Law School and Northwestern Law School. Mr. Augustyn has been selected for several honors including Best Lawyers, Super Lawyers, Top 50 Lawyers in America, IAM Patent 1000, and Fellow to Litigation Counsel of America.
Mr. Christensen’s IP practice focuses on assisting clients in protecting their inventions in both U.S. and foreign patent offices in a variety of technical fields, including optics, additive manufacturing, aerospace systems, consumer and industrial products, and renewable energy systems. He also has significant experience in assisting clients in developing cost effective strategies for managing risk in their developing of new products, and the building and managing their IP. Mr. Christensen further counsels startup to medium-sized clients in preparing their portfolios for investment financing and associated due diligence activities. He is active in thought leadership, especially related to how technology is changing both manufacturing and legal business operations and regularly presents at webinars and authors articles on a variety of law practice management and IP topics.
Mr. Toren represents clients in patent litigation involving a variety of technologies including computer software and hardware, light emitting diodes, biotechnology, semiconductor manufacturing and fabrication, optics and medical devices as well as business methods. He has successfully obtained and defended motions for preliminary injunctions and summary judgment motions involving the Patent Act, Copyright Act, Lanham Act, Digital Millennium Copyright Act and Computer Fraud and Abuse Act. In addition to intellectual property litigation, Mr. Toren has experience in computer law, including cybersecurity. He is a former federal prosecutor with the Computer Crime and Intellectual Property Section of the Criminal Division of the United States Department of Justice where he worked for over eight years and also served as Acting Deputy Chief.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Tuesday, January 10, 2023
- schedule
1:00 p.m. ET./10:00 a.m. PT
- Trade secret agreements: key provisions
- Definitions
- Restrictions on use
- Restrictions on disclosure
- Term and termination
- Obligations after termination
- Identification of trade secrets
- Techniques for safeguarding trade secrets
- Discussion of recent cases
- Best practices for structuring agreements
The panel will review these and other key issues:
- When in transactions involving trade secrets, what steps should companies and their counsel take to protect their trade secrets?
- What are the key provisions to include in trade secret agreements?
- What are best practices for structuring trade secret agreements?
