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Trading Secrets A Law Blog on Trade Secrets, Non-Competes, and Computer Fraud

Upcoming Client Webinar on April 24th: Pleading, Proving and Protecting Trade Secrets in Litigation

Posted in Practice & Procedure, Trade Secrets

Seyfarth Shaw LLP is pleased to announce its third webinar in the 2012 Trade Secrets Webinar Series entitled "Pleading, Proving and Protecting Trade Secrets in Litigation” scheduled for April 24, 2012 at 1 p.m. e.s.t. The speakers for this informative webinar are Seyfarth Shaw LLP partners Michael Wexler, Robert Niemann, and David Monachino.

Most Federal and state courts require that claims for trade secret protection, including claims under the Uniform Trade Secrets Act, be plead specifically as to the nature of the trade secret, or suffer the consequences of challenges to the pleadings. The challenge is to plead with reasonable particularity without actually disclosing the secrets in a public document. From the defense stand point, the identity of the trade secret is paramount to prepare defenses, determine the value of the secrets, and determine if they were actually misappropriated. Our panel will cover all the ethical, technical and practical aspects of initial pleadings that are fundamental to the filing and defending of trade secret claims.

Discovery in trade secret claims often requires plaintiffs to describe the secrets with reasonable particularity before any discovery can be conducted. Disclosures can be made pursuant to statutory requirements, discovery requests, declarations, or by testimony. Defendants wanting to frame discovery to the exact issues and secrets in each case can employ numerous tactics when plaintiffs fail to meet the reasonable particularity requirements. Our panel will explore all of the methods used by both parties to litigation to protect and compel adequate disclosures at the appropriate time.

The timing for use of stipulations and protective orders is always an issue during each trade secrets case. Seeking Court intervention may also come into play in regard to adequate identification of secrets. Our expert panel will review the policies and tactics behind recent case decisions interpreting judicial enforcement and methods of ensuring adequate but fair disclosure for all parties. You can register here. CLE credit will be available to participants in New York, Illinois, and California.