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These Blockbuster Trade Secret / Cybersecurity Developments

Require Immediate Attention

 

  • How are trade secrets and cybersecurity more and more found in everyday situations?

  • Using AI in trade secret and cyber investigations, search warrants, waivers

  • Ransomware attacks and other extortion events: How to respond and protect the business? When should a corporate or organization pay?

  • Breaches and hacks: incident response, prevention, latest tactics to address and defend

  • Mandatory reporting, disclosure, assessing incident response

  • More state actors than ever. Review of Russia, China threats, state adjacent groups.  What you need to know now to be fully prepared for thefts and hacks

  • Cybersecurity litigation involving trade secrets. Recent cases, investigations, class actions.

  • Whistleblower statues to catch trade secrets, cyber criminal behavior

Faculty from the Judiciary and Government

The two federal judges and state court judge on the panel have handled a large number of trade secret cases as well as cybersecurity matters. The panel will explain the latest rulings and practices.  Also our panelists from firms and companies will share insights on the latest case law and what it means as well as what best practices they are seeing for protecting sensitive information and handling cybersecurity threats, breaches and incidents. 

 

Cybersecurity Under Attack by State Actors as Never Before

Your company’s trade secrets may be compromised or stolen.  With Chinese intel agencies, Russian ransomware and North Korea crypto-currency thieves, the harsh reality of so many threats is present for companies and financial institutions every day.  Companies need to understand these challenges of the threat landscape.

 

Trade Secrets:  Misappropriation, Forfeiture, Damage Awards

The importance of trade secrets is growing exponentially; with substantial damages awards in many current key matters.  What makes trade secrets especially exciting is the relative lack of case law regarding damages, which many in litigation have likened to the “Wild West.” 

 

Issues related to burden-shifting will be explored, particularly as relates to establishing a causal nexus between the misappropriation of trade secrets and profits lost by the plaintiff and profits earned by the defendant.

 

The size of damage awards continues to grow.  Key trade secret topics include defining trade secrets, using AI in discovery, research as well as managing the risk of the departing employee, patent vs trade secrets issues, and restrictions on enforcement of employee non-solicitation, non-compete agreements. The panel will also discuss recent cases, and practical issues company counsel confront every day including protection of trade secrets, reasonable efforts and the importance of contracts.

FACULTY:

From the Government:

Hon. Andrea Bouressa, Judge, Texas Business Court, First Business Court Division, Dallas

Hon. Ada Brown, United States District Judge, United States District Court, Northern District of Texas

Tiffany H. Eggers, Assistant United States Attorney, U.S. Attorney’s Office, Northern District of Texas, Dallas

Hon. Barbara M. G. Lynn, United States District Judge, United States District Court, Northern District of Texas

Sheraun Howard, Supervisory Special Agent, FBI, Dallas

 

Other Faculty:

David Cowen, Vice President, Charles River Associates, Dallas

Hayley R. Curry, Associate, DLA Piper LLP, Dallas

Christine Demana, Partner, Gibson Dunn & Crutcher LLP, Dallas

Michael Galdo, Counsel, King & Spalding LLP, Austin

Allyson Ho, Partner and Co-Chair, Appellate and Constitutional Law Practice, Gibson, Dunn & Crutcher LLP, Dallas

Pete Marketos, Partner, Reese Marketos LLP, Dallas

Mary Goodrich Nix, Partner, Lynn Pinker Hurst & Schwegmann, LLP, Dallas

Jonathan Rajewski, Vice President, Forensic Services, Charles River Associates, Houston

Michelle A. Reed, Partner, Co-Chair, Data Privacy and Cybersecurity Group, Paul Hastings, LLP, Dallas

Noelle M. Reed, Partner, Head of Litigation Practice, Houston, Skadden, Arps, Slate, Meagher & Flom LLP, Houston

Anna Rudawski, Partner, A&O Shearman, New York

Bryan P. Stevenson, Chief Legal Officer, Arcosa, Dallas

Needhi Vasavada, Senior Vice President, Senior Counsel, Hudson Advisors LP, Dallas

Program Highlights/Topics for Discussion

8:30 a.m. – 1:00 p.m. CDT

 

  • View from the Judiciary, U.S. Attorney’s Office and FBI

  • Trade Secret Litigation Trends: Dispositive Motions, Discovery, Trial, And Appeal

    • Trade secret “specificity” after the Sedona Principles, and the rise of the “other” DTSA requirements

    • Choice-of-law and state versus federal protections, forfeiture

    • Lessons from the trenches in Texas and beyond, including HouseCanary v. Amrock

    • Misappropriation

  • Trade Secret Protection Trends:  Corporate Perspectives

    • The latest developments in “reasonable measures”

    • AI in the courts and use by corporate counsel

    • Adopting trade secret policies

    • Managing trade secrets with vendors, with R&D teams, and in transactions

  • Non-Compete & Restrictive Covenant Trends: Confusing Developments

    • The fifty-state restrictive covenant puzzle

    • Federal considerations

    • AI to organize state statutes and other uses

    • Lessons from the trenches in Texas and beyond, including TROs and preliminary relief

    • Managing restrictive covenants in hiring, separation, and transactions

  • Cybersecurity Trends

    • Is AI a back door lags to breaching systems and software?

    • Global update; state actors, China, Russia

    • Cybersecurity risk management

    • Mandatory reporting and disclosure of material cybersecurity incidents

    • Ransomware

    • Business email compromise

    • Nuts and bolts of breaches and hacks

    • Incident response; notifications

    • Privacy and data protection

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Organized by:

Sandpiper Partners is an educational and consulting firm run by industry advisor, Lynn Glasser, who for more than 20 years has created important subject matter IP and Data Protection educational conferences and briefings, white papers and surveys for law firms and law departments. 

Lynn and Stephen Glasser founded The Computer Lawyer, The Internet Lawyer, The Privacy Law Report and other information law resources as well as organized over 1000 conferences in IP, litigation, corporate law, securities law, and finance.

SP is also known as the leading provider of “Business of Law” education for lawyer leaders and senior business executives. www.sandpiperpartners.com

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About the Premier Sponsor:

Charles River Associates is a leading global consulting firm that provides economic and financial analysis in litigation matters; delivers independent accounting and other forensic services; guides businesses through critical strategy and operational issues to become more profitable; and advises governments and regulatory agencies on the economic impact of policies and regulations. CRA has served major law firms, corporations, and governments around the world for more than fifty years, and we advise 83 of the Fortune 100 companies and 94 of the top 100 law firms.  CRA provides a wide range of services to assist companies and law firms in protecting, enforcing and litigating trade secrets through experts and consultants in its labor & employment, forensics investigations, and intellectual property practices. 

 

CLE and CPE credits have been applied for.

Questions? Email: ginarivera@sandpiperpartners.com OR Call 973-278-8800.

© 2024 by Sandpiper Partners, LLC​

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