In Seyfarth’s sixth installment in its 2018 Trade Secrets Webinar Series, Seyfarth attorneys Daniel Hart, Marjorie Culver, Alex Meier, and Paul Yovanic Jr. focused on how to identify the greatest threats to trade secrets, tips and best practices for protecting trade secrets abroad, and enforcement mechanisms and remedies.

As a conclusion to this well-received webinar, we compiled a summary of takeaways:

  • You don’t want to be in a position where you’re relying exclusively on trade secrets law to protect proprietary information. When possible, execute a confidentiality agreement. This will not only protect a wider range of information, but also often helps with securing pre-discovery injunctive relief.
  • In order to adequately protect trade secrets abroad, companies should inform employees of the important nature of secret information, take steps to secure secret information and limit access only to necessary employees, and avoid liability without culpability by revising employment agreements and informing new hires of the prohibited conduct.
  • Restrictive covenants abroad are easier to enforce when agreements are narrowly tailored for duration, geographic scope, and nature and when penalties are reasonable.
  • For international misappropriation, consider whether you want to pursue relief in the foreign jurisdiction or in the United States. The Defend Trade Secrets Act and, in some instances, Section 337 actions before the International Trade Commission rules offer powerful alternatives to proceedings in other jurisdictions.

Please join us for a one-hour CLE webinar on Monday, September 24, 2018, at 1:00 p.m. Eastern / 12:00 p.m. Central / 10:00 a.m. Pacific.

Trade secrets are critical intellectual property for most businesses, and the threat to trade secrets continues to increase year after year. It’s vital for companies to protect trade secrets, both in the U.S. and abroad. It’s also important for companies to know how to enforce their rights in regards to trade secrets. In Seyfarth’s sixth installment in its 2018 Trade Secrets Webinar Series, Seyfarth attorneys Daniel Hart, Marjorie Culver, Alex Meier, and Paul Yovanic will cover the following:

  • How to identify the greatest threats to trade secrets
  • Tips and best practices for protecting trade secrets abroad
  • Enforcement mechanisms and remedies

Seyfarth Shaw LLP is pleased to be a Global Sponsor at ITechLaw’s 2018 European Conference in Milan, October 17–19.

Excelsior Hotel Gallia
Piazza Duca D’aosta 9
Milan, 20124 Italy

ITechLaw is a not-for-profit organization established to inform and educate lawyers about the unique legal issues arising from the evolution, production, marketing, acquisition and use of information and communications technology.

The European Conference will feature wide-ranging programs and invaluable networking opportunities that will focus on cutting-edge legal topics and will provide practical insight into the latest developments in technology law.

This year, Seyfarth Shaw Partner Robert B. Milligan is on ITechLaw’s Board of Directors and is the Co-Chair of the Local Representative Committee. Seyfarth Shaw Partner Julia Sutherland is on the panel for the “Fashion: New Models, Old Problems?” session on Thursday, October 16. This session will focus on the use of new and innovative technology that is transforming the fashion industry, in terms of blockchain, products traceability, and AdTech.

For more information, click here: https://www.itechlaw.org/conferences/2018-european-conference

As a special feature of our blog—guest postings by experts, clients, and other professionals—please enjoy this blog entry from Jeremy Morton, Partner at Harbottle & Lewis LLP, London, UK.

For the first time ever, we have UK-wide legislation that concerns the protection of confidential information. Modifying its approach in light of a recent consultation exercise, the UK government introduced The Trade Secrets (Enforcement, etc.) Regulations 2018 on June 9, to implement the EU Trade Secrets Directive 2016/943. Continue Reading UK Adopts New Trade Secrets Legislation

On Friday, May 18, Eric Barton participated in a panel discussion at the 2018 ITechLaw World Technology Conference, updating attorneys from around the globe on the latest developments in cyber vulnerabilities and crime. In today’s world, businesses and individuals face the certain knowledge that electronic systems are not entirely secure. Mr. Barton’s presentation provided “real world” guidance on how companies can encourage and promote innovation while still protecting their highly valuable trade secrets and intellectual property from both internal and external threats and attacks. Mr. Barton also detailed several recent cases that provide excellent guidance on how to best protect a company’s valuable information, as well as the impact that technological advancements have had on U.S. attorneys’ professional ethics requirements, as mandated by the ABA.

On the panel with Mr. Barton were Alexander Baranchikov, an IP attorney from Moscow, and Rodrigo Azevedo Pereira, an IP attorney from San Paulo, Brazil. Mr. Baranchikov provided an entertaining update on the latest data protection cases and developments in Russia, as well as a detailed synopsis of how the Russian legal system addresses and resolves IP claims. Mr. Pereira discussed the crisis management framework that attorneys should consider using when addressing an online or ransomware attack. Calling upon his extensive experience in crisis management work, Mr. Pereira detailed how to build a multifaceted team, as well as how to respond urgently and efficiently to limit PR damages.

A copy of Mr. Barton’s presentation is available here. The panel was extremely well received and the topics prompted various discussions among the participants. For any follow-up questions or information, please do not hesitate to contact Mr. Barton directly at ebarton@seyfarth.com.

 

As a special feature of our blog—guest postings by experts, clients, and other professionals—please enjoy this blog entry from Jeremy Morton, Partner at Harbottle & Lewis LLP, London, UK.

The UK government has finally launched a consultation on its proposed “Trade Secrets (Enforcement, etc) Regulations 2018,” in advance of the June 9, 2018, deadline to implement the EU Trade Secrets Directive of 2016. Responses to the consultation are due by March 16. Continue Reading UK Reveals Its Future Approach to Trade Secrets

shutterstock_529332652Seyfarth Synopsis: An environmental remediation technologies company is in the midst of litigation in Chinese courts over a $1.2 million contract to provide its technology to a Chinese company. According to the Chinese entity, the technology provider failed to deliver the unit in a “timeframe that was agreed.”

The West Mountain Environmental Corp. (WMT) had issued a press release in October 2016 that it had sold its first indirect thermal desorption technology (TPS) unit in China to Shanghai Hehui Environmental Technology, Co. Ltd. (Hehui). WMT valued the contract at approximately $1.2 million.

Historically, WMT had operated in China since 2012 and has treated, it claims, over 100,000 tons of contaminated soil and oil sludge using TPS technology. TPS’ patented indirect thermal desorption technology is “recognized in the industry as one of the most efficient and safest technologies for the removal of hazardous contaminants.” WMT asserts that TPS was one of the first western environmental remediation technologies successfully transferred to China which has been recognized as a top 100 environmental technology in the 3iPET Program supported by the Ministry of Environmental Protection.

This sale, WMT indicated, represented the first time that TPS technology had been used as part of a process to treat waste purified terephalic acid (PTA) sludge. “PTA is required for the manufacture of polyester fibre, polyethylene terephthalate (PET) bottle resin and polyester film and China is the largest producer of PTA at over 50 million tonnes per year.”

Now according to a recent WMT press release, it received notice that a lawsuit had been filed against it by Hehui, claiming that WMT failed to deliver the TPS unit in a “timeframe that was agreed.” As a consequence, a Chinese Court ordered that WMT’s bank accounts be frozen until a hearing is held on March 27, 2017 in Shanghai.

Subsequently WMT was informed by its Chinese legal counsel that its motion to remand its contract dispute with Hehui to arbitration in conformance with the terms of the contract between the parties was denied. The release indicated that Chinese Intermediate Court ruled that as the contract between the parties did not specify an arbitrator, so the Intermediate Court would hear the case. As a result of the ruling and based on the recommendation from Chinese legal counsel, WMT will file an objection of jurisdiction to the Intermediate Court on April 5, 2017, at which time an official hearing for the case will be set.

This case illustrates how very careful parties need to be in preparing contracts, especially in international cases. Deals in China may be especially complicated as the law varies in different provinces.

For more information on this or any related topic please contact the authors, your Seyfarth attorney, or any member of the International Employment Law Team, the Intellectual Property, or the Trade Secrets Teams

itechlaw_logoSeyfarth Shaw LLP is pleased to be a Global Sponsor at ITechLaw’s 2016 European Conference in Madrid on November 9-11.

ITechLaw is a not-for-profit organization established to inform and educate lawyers about the unique legal issues arising from the evolution, production, marketing, acquisition and use of information and communications technology.

The conference will feature a wide-ranging program and invaluable networking opportunities that will focus on cutting-edge legal topics, including e-commerce, e-contracting, disruptive technologies, data protection developments, and the impact of cognitive technologies in the legal spheres. Attendees at the European Conference include leading attorneys in private practice, in-house counsel, business executives focusing on the global economy, government officials and academics.

This year, Seyfarth Shaw Partner Robert B. Milligan serves on ITechLaw’s Board of Directors and is Chair of the Intellectual Property Committee. He will also serve as the moderator of the Disruptive Technologies session, which will cover:

  • a practical approach to the Internet of Things (IoT)
  • consumer protection in the age of IoT
  • the impact of robotics, artificial intelligence & disruptive technologies in law

In addition, Seyfarth Shaw is pleased to co-sponsor the conference. Please stop by our table during the conference to learn about our Intellectual Property, Global Privacy & Security and Trade Secrets, Computer Fraud & Non-Competes Practice Groups.

For more information, click here.

In this installshutterstock_543904594ment in Seyfarth’s 2016 Trade Secrets Webinar Series, International attorney Dominic Hodson focused on non-compete considerations from an international perspective. Dominic discussed general principals and recent international developments in non-compete issues around the globe. Companies who compete in the global economy should keep in mind these key points:

  • Requirements for enforceable restrictive covenants vary dramatically from jurisdiction to jurisdiction. However, there are some common requirements and issues regarding enforceability based on the region, particularly in common law jurisdictions such as the UK, Canada (excluding Quebec), Australia/New Zealand, and Singapore/Hong Kong. A restrictive covenant is void unless it is reasonable to protect a legitimate interest of the employer; simply wanting to stop competition post-termination is not a legitimate interest.
  • Outside of common law countries, there is no uniformity in rules, and every country must be taken separately. There are often detailed statutory rules that the clause must fulfill, but nevertheless there are repeating themes: There must be reasonableness to the non-compete agreement, and you must require proportionality between the clause and the interest sought to be protected.
  • With respect to non-common law countries, liquidated damaged are often allowed. Civil law countries tend to be much more forgiving of liquidated damages and don’t have the same rules regarding “penalty clauses.”

WebinarOn Thursday, July 28, at 12:00 p.m. Central, Seyfarth attorney Dominic Hodson will present “International Non-Compete Law Update,” the eighth installment in Seyfarth’s 2016 Trade Secrets Webinar series.

Mr. Hodson will focus on non-compete considerations from an international perspective. Specifically, the webinar will involve a discussion of recent developments, and a refresher in general principals, in non-compete issues around the globe. This webinar will provide valuable insight for companies who compete in the global economy and must navigate the legal landscape in these countries to ensure protection of their trade secrets and confidential information, including via the effective use of non-compete and non-disclosure agreements.

*CLE Credit for this webinar has been awarded in the following states: CA, IL, NJ and NY. CLE Credit is pending for GA, TX and VA. Please note that in order to receive full credit for attending this webinar, the registrant must be present for the entire session.

register