DTSA: Protecting Employer Secrets After the New Defend Trade Secrets Act (Telephone)
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Congress recently enacted the Defend Trade Secrets Act which creates, for the first time, a federal cause of action for trade secret misappropriation, regardless of the amount in controversy. Though intended to complement state trade secret law, which is often based on the Uniform Trade Secrets Act, the new DTSA alters the landscape for preserving and policing client trade secrets.

1/2/2018
When: Tuesday, January 2, 2018
12:00 PM - 1:00 PM CT

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MCLE Accreditation
Nebraska Activity #151977, 1.0 hours CLE (Distance Learning)

Congress recently enacted the Defend Trade Secrets Act which creates, for the first time, a federal cause of action for trade secret misappropriation, regardless of the amount in controversy.  Though intended to complement state trade secret law, which is often based on the Uniform Trade Secrets Act, the new DTSA alters the landscape for preserving and policing client trade secrets.  Among other things, the law requires companies to incorporate a specific immunity clause in most employment, contractor and confidentiality agreements.  It requires retroactive incorporation of immunity language whenever an earlier agreement is modified in any way. Overall, the DTSA ushers in a new era in advising your clients about the preservation of their trade secrets. This program will provide you with a practical guide to the new law, how it impacts client trade secret preservation, and best practices going forward. Original speakers will be available for questions.

  • Overview of new Defend Trade Secrets Act & how it impacts client preservation of trade secrets
  • Relationship of the DTSA state law/Uniform Trade Secret Act
  • Practical steps for employers to preserve trade secrets under the DTSA
  • Elements constituting an actionable claim under the DTSA
  • Mandatory immunity language in employment, contractor and confidentiality agreements
  • Types and measure of damages available under the DTSA
  • Traps for transactional counsel under the new regime
James Pooley is Special Counsel in the Menlo Park, California office of Orrick, Herrington & Sutcliffe, LLP, where represents clients as lead counsel and strategic adviser in high stakes patent and trademark disputes.  He has broad litigation experience, has served in executive business capacities, and as an international diplomat focused on intellectual property.  He was a driving force behind the adoption of the Digital Trade Secrets Act, including when he was invited to testify before the U.S. Senate Judiciary Committee about the then-proposed law.  He has served as Deputy Director General of the World Intellectual Property Law Association, president of the American Intellectual Property Law Association, and chair of the National Inventors Hall of Fame.  Mr. Pooley received his B.A. cum laude from Lafayette College and his J.D. from Columbia Law School.

To Register:Cost $89.00

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If you need additional information on your CLE credits please contact:
Amy Prenda, Nebraska State Bar Association
(402) 475-7091 ext # 131; aprenda@nebar.com