This course provides a thorough overview of breaking developments in litigating, protecting and managing trade secrets. The lecturer provides keen insights into the practicalities and consequences of invoking the Defend Trade Secrets Act of 2016 as well as forecasts the impact of the European Union Trade Secret Directive.
Among the issues relative to trade secrets discussed in this webinar are:
- The criteria that may trigger the FBI pursuing criminal charges in connection with trade secret misappropriation.
- Determinants of calculating damages resulting from trade secret misappropriation.
- The role of requiring plaintiffs to post bonds in trade secrets litigation proceedings.
- The merits, or lack thereof, associated with litigating misuse of several different intellectual property asset classes in one trial. The merits of trying trade secret litigation in state or district courts.
- The meaning and implications of the Inevitable Disclosure Doctrine.
- Factors that can vitiate exemplary damages or attorneys’ fees.
- Factors that can trigger RICO causes of action as well as RICO’s connection with extraterritorial jurisdiction, treble damages and payment of opponent’s attorneys’ fees.
- Managing whistleblowers, including granting immunity, under the Defend Trade Secrets Act.
- The relevance of “work for hire” provisions vis-a-vis trade secrets.
- A review of the six phases of the ex parte seizure process.
- The intersection of the Economic Espionage Act of 1996 and the Defend Trade Secrets Act.
- Analysis of the six factor test for demonstrating the existence of trade secrets.
- A discussion of the Dependability Factor.
Course Leader: R. Mark Halligan, Esq., Partner, FisherBroyles, LLP
R. Mark Halligan has been selected by Corporate LiveWire as the 2017 Commercial Litigator of the Year in North America. Legal 500 ranks Mr. Halligan as a leading lawyer in trade secrets litigation in the United States and Mr. Halligan has been inducted in The Legal 500 Hall of Fame. Chambers USA: America’s Leading Lawyers for Business ranks Mr. Halligan for his exceptional standing in intellectual property law. Managing Intellectual Property recognizes Mr. Halligan as an “IP Star.” Mr. Halligan is a partner at FisherBroyles, LLP. He is an accomplished trial lawyer who focuses his practice on intellectual property litigation and complex commercial litigation, including antitrust and licensing issues. He is a Past President of the Intellectual Property Law Association of Chicago (IPLAC) and he is the General Editor of the Intellectual Property Law Handbook (2017) published by the Illinois Institute for Continuing Legal Education (IICLE).