Description
Describing a trade secret in a public forum can destroy secrecy, so enforcing the property right through litigation requires careful attention to how confidential information is exchanged and used by parties protected by the court during the entire process.
Many jurisdictions require a plaintiff to identify the claimed trade secrets with reasonable particularity, to give sufficient notice to the defendant and to inform the boundaries of discovery. Still, the plaintiff may not know which trade secrets were allegedly misappropriated. Defendants may legitimately object to discovery about a vaguely described trade secret or even suspect that a plaintiff is attempting to use discovery to expose and appropriate the defendant's trade secrets.
Even if protective orders are put into place or items filed under seal, endless debates about discovery often consume more resources than determining whether the information is entitled to protection or has been misappropriated. Yet, due process and practicalities require that the parties understand what is at stake and what they are accused of misappropriating. Counsel must balance these concerns.
Listen as our experienced panel reviews how to balance the nuanced discovery and evidentiary issues that arise in litigating claims and defenses involving the misappropriation of trade secrets.
Presented By
Mr. Kayman is a partner in Proskauer's Litigation Department. He focuses on intellectual property litigation but, in his almost 40 years of practice — all with Proskauer — he also has had extensive experience litigating disputes involving securities, bankruptcies and workouts, real estate, employment, contracts and many other commercial matters. His clients have included major banks and insurance companies, hedge and private equity firms, other financial institutions, leading consulting firms, and media and entertainment companies.
Mr. Newman specializes in matters related to trade secrets and Artificial Intelligence. He is the Chair of the AI Subcommittee of the ABA. Recognized by the Daily Journal in 2019 as one of the Top 20 AI attorneys in California, Bradford has been instrumental in proposing federal AI workplace and IP legislation that in 2018 was turned into a United States House of Representatives Discussion Draft bill. Mr. Newman has also developed AI oversight and corporate governance best practices designed to ensure algorithmic fairness.
Mr. Pooley serves as a trusted advisor and co-counsel to legal departments and law firms on IP litigation and strategy. He conducts pre-litigation investigation and analysis of domestic and multinational IP issues, drawing on his global experience. Mr. Pooley also assists courts as a special master handling discovery in complex technology and IP disputes.
He helps design and improve information security strategies and programs for companies, including trade secret risk analysis, protection systems, training, and crisis response. Mr. Pooley frequently works in conjunction with cybersecurity professionals to limit risks to key corporate assets and data.
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
Date + Time
- event
Thursday, July 22, 2021
- schedule
1:00 p.m. ET./10:00 a.m. PT
- Overview of applicable laws
- Investigating trade secret theft
- Identifying trade secrets in litigation
- Balancing the right to open courts with trade secrets being litigated
The panel will review these and other crucial issues:
- What state and federal law claims are available to protect trade secrets?
- How is the right to broad discovery balanced against the right to prepare a defense and the need for proportionality?
- To what extent can federal and state trade secret laws apply to alleged misappropriation occurring outside the U.S.?
- How can poorly drafted noncompete or confidentiality agreements jeopardize the protection of trade secrets?
- What are best practices for identifying trade secrets in pleadings and discovery?
Related Courses
Prior Inconsistent Statements in Social Media and Inactive Websites: Planning for Amendments to FRE 801(d)
Tuesday, October 28, 2025
1:00 p.m. ET./10:00 a.m. PT