Trade Secrets

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Seyfarth Partner and Trade Secrets, Computer Fraud & Non-Compete Practice Group Co-Chair Robert Milligan is moderating the panel for “The Employee Life Cycle Relating to Trade Secrets” session on November 5 at The Sedona Conference Working Group 12 Inaugural Meeting 2018 in Los Angeles, California. “The Employee Life Cycle Relating to Trade Secrets” session will develop guidelines for new employers to avoid unintentionally receiving or benefiting from the trade secrets of another company and for employees to avoid unintentionally placing their employer’s trade secret information at risk of misappropriation. Continue Reading Seyfarth Shaw Trade Secrets Attorneys Participating in The Sedona Conference Working Group 12 Inaugural Meeting 2018

On October 25-­27, 2018, Seyfarth attorneys will be attending the American Intellectual Property Law Association’s (AIPLA) Annual Meeting in Washington, D.C.—this is one of the preeminent events for trade secret practitioners across the country.  Boston partner Erik Weibust will formally take on the role of Vice Chair of the AIPLA’s Trade Secrets Law Committee at the Annual Meeting, and Seyfarth’s National Litigation Department Chair Katherine Perrelli is presenting “Strategies for Enforcing Compliance with Trade Secret Injunctions, Restraining Orders, and Other Remedial Orders” program on Friday, October 26th. Seyfarth partners Erik Weibust and Dawn Mertineit and associate Andrew Stark will also be in attendance.

Other meeting highlights include:

  • Understand the Foreign Corrupt Practices Act and its implications on IP practice
  • Learn about the newest advancements in technology like how the Internet of Things and Artificial Intelligence will affect IP law
  • Learn tips and tricks on handling trademark portfolios, managing cybersecurity, and collecting royalties
  • Learn strategies for navigating antitrust concerns and trade secret injunctions

Learn more or register at http://www.aipla.org/learningcenter/AM18/Pages/default.aspx

What Businesses Need to Know About Non-Compete and Trade Secrets Law

Seyfarth’s Trade Secrets, Computer Fraud, and Non-Competes Practice Group is pleased to provide the 2018-2019 edition of our one-stop 50 State Desktop Reference, which surveys the most-asked questions related to the use of restrictive covenants and intellectual capital protection in all 50 states, including the recent non-compete legislation passed in Massachusetts this August. For the company executive, in-house counsel, or HR professional, we hope this guide will provide a starting point to answer your questions about protecting your company’s most valuable and confidential assets.

To request a hard copy or a pdf of the 2018-2019 edition of the 50 State Desktop Reference, click the button below.

As a special feature of our blog—guest postings by experts, clients, and other professionals—please enjoy this blog entry from Donal O’Connell, Managing Director of Chawton Innovation Services Ltd.

Managing trade secrets belonging to Third Parties:

At first glance, you may be somewhat perplexed by the title. When and why should a company be concerned about managing trade secrets belonging to some 3rd party? It is tough enough for most companies to properly and professionally manage their own trade secrets, not to mind worrying about the trade secrets belonging to others. However, more and more, companies are indeed facing the challenge of having to manage trade secrets belonging to others. Allow me to explain. Continue Reading The Sharing of Trade Secrets with Others

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

On Wednesday, August 29, 2018, Seyfarth Shaw Partners Katherine Perrelli, Dawn Mertineit, and Justin Beyer are presenting a webinar focused on trade secret audits. The ITechLaw webinar, titled “The Anatomy of a Trade Secret Audit,” is from 9 a.m. to 10 a.m. Eastern Time and will cover the following topics:

  • Identifying trade secrets and secrecy protections
  • Effective secrecy protections, including employment and non-compete agreements
  • Effective hiring and termination protocols, including effective exit interviews and termination protocols
  • Employing a comprehensive approach and trade secret protection plan
  • Managing and working to protect computer-stored data, including responding to emergency issues related to computer fraud and security breaches

For more information or to register for the webinar, click here.

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

How different is a celebrity-focused “cryptocollectible” from a celebrity-focused “cryptocurrency,” and how similar does it have to be to constitute a trade secret?  That was the question facing the Southern California federal district court in deciding a motion for a preliminary injunction in Founder Starcoin v. Launch Labs, Inc., No. 18-CV-972 JLS (MDD) (S.D. Cal. July 9, 2018).  Defendant Launch Labs, d/b/a Axiom Zen, is the developer of  “CryptoKitties,” a game that uses the Ethereum blockchain technology to “allow[] users to securely buy, sell, trade, and breed genetically unique virtual cats.”  Plaintiff Starcoin has a business plan to create a “regulated exchange” for secure “tokens” representing celebrities that can be bought and sold, not just by typical investors, but by a celebrity’s fans as well.  Continue Reading California Federal Court Denies Preliminary Injunction In “Blockchain” Dispute

In Seyfarth’s fourth installment in its 2018 Trade Secrets Webinar Series, Seyfarth attorneys Robert Milligan and Scott Atkinson, along with Center for Responsible Enterprise and Trade CEO Pamela Passman, focused on identifying the greatest threats to trade secrets, implementing an effective trade secret protection program, and enacting effective risk reduction processes across an organization.

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

  • Building a culture of trade secret protection is essential for protecting against cyber threats. Simply having policies is not enough; companies need to follow up with training, acknowledgements/record keeping, and engaged leaders who lead by example.
  • One key part of an effective trade secret protection plan is having an effective onboarding and off-boarding process, including exit interviews. Exit interviews should typically be conducted, and employees should be reminded of their continuing confidentiality and other obligations to the company. Don’t forget to ask for any passwords to any company-owned mobile devices.
  • As companies build internal capabilities to protect trade secrets and ensure robust cybersecurity, those capabilities should be required of key supply chain partners or vendors that have access to trade secrets and should be measured and monitored to ensure they are effective.

On Wednesday, July 25, Seyfarth Shaw partners J. Scott Humphrey and Justin K. Beyer are presenting webinars for myLawCLE.

Scott Humphrey is presenting “Protecting Confidential Information & Client Relationships in the Financial Services Industry” webinar on July 25, 10 a.m. – 12 p.m. Eastern. The webinar will focus on the following topics:

  • What are (and are not) considered trade secrets in the financial services industry
  • Types of restrictive covenants and which covenants are most likely to be enforceable in court and before FINRA
  • Practical steps financial institutions can implement to protect trade secrets and client relationships
  • What to do if your trade secrets are improperly removed or disclosed, or if a former employee is violating his/her restrictive covenant agreements
  • How to prosecute or defend a case against a former employee who is a FINRA member
  • The impact of the Protocol for Broker Recruiting on trade secrets and client relationships

For more information or to register for “Protecting Confidential Information & Client Relationships in the Financial Services Industry” webinar, click here.

Justin Beyer is presenting “The Anatomy of a Trade Secret Audit” webinar on July 25, 2 p.m. – 4 p.m. Eastern. The webinar will focus on the following topics:

  • Identifying trade secrets and secrecy protections
  • Effective secrecy protections, including employment and non-compete agreements
  • Effective hiring and termination protocols, including effective exit interviews and termination protocols
  • Employing a comprehensive approach and trade secret protection plan
  • Managing and working to protect computer-stored data, including responding to emergency issues related to computer fraud and security breaches

For more information or to register for “The Anatomy of a Trade Secret Audit” webinar, click here.