Identifying, Protecting and Litigating Trade Secrets

This session will focus on the Defend Trade Secrets Act (DTSA) that was enacted in 2016, and how trade secrets are defined and litigated under the DTSA. While there are still relatively few cases on the DTSA, many of the cases have focused on how to define and identify the alleged trade secrets. This session will include practical guidance on how best to protect trade secrets in light of these cases and the DTSA. The presentation will include a discussion on remedies and damages under the DTSA, and how the DTSA (as a whole) varies from the Uniform Trade Secrets Act model law enacted by all states (and D.C.) except New York. It will also include a discussion on the pros and cons of protecting inventions as trade secrets or as patents.

For more information on this program, please contact Sharon James at sharon.james @morganlewis.com.