“The ability to protect trade secrets (and other legitimate business interests, including customer goodwill) has been hit by a perfect storm caused by the current coronavirus pandemic,” warns Russell Beck in Fair Competition Law.

“Accordingly, this post provides practical guidance for companies on how to manage their trade secrets (and other legitimate business interests) – both generally and particularly while employing a remote workforce – thereby avoiding preventable problems by having a plan in place to address problems when they arise, which they inevitably will. Specifically, it explains general aspects of trade secret protection programs, provides a detailed guide to the creation of a trade secret protection program, and identifies where to focus efforts now to address the current circumstances and the expected new ‘abnormal,’ as restrictions begin to be lifted.”

Read the article.

Fitch, Even, Tabin & Flannery LLP will present a free webinar, “Effective Trade Secret Practices: What You and Your Employees Need to Know,” featuring Fitch Even attorneys Thomas F. Lebens and Donald “Bob” Bunton.

The event will be on Thursday, Sept. 26, 2019, at 9 am PDT / 10 am MDT / 11 am CDT / 12 noon EDT. It will also be available as an on-demand webinar after the presentation.

With the passage of the America Invents Act and the Defend Trade Secrets Act, as well as recent case law creating uncertainty in some areas of patent law, many intellectual property owners have expressed a renewed interest in trade secret protection for innovations and information. However, very few of these IP owners have a well-developed program for identifying, classifying, and intentionally protecting these trade secrets. And even for those owners with such a program, establishing a record of training leaders and employees in trade secret protection can be important to show that the owner has engaged in “reasonable efforts” to protect its trade secrets.

During this webinar, our presenters will discuss the following:
• Best practices for identifying and classifying trade secrets
• Key features of a trade secret program
• Internal ongoing education on trade secret protection needed to support a showing of “reasonable efforts”

Register for the webinar.

When it comes to trade secrets, companies should understand that the federal government is increasingly pursuing criminal prosecution, warns Procopio partner Mindy Morton.

“Criminal prosecution of trade secrets is nothing new,” she writes in a post on the Procopio website. “Trade secrets plaintiffs should always consider whether to involve the state or federal authorities in their investigations. In the past, however, the conventional wisdom was that it was difficult to interest district attorneys or U.S. attorneys in business disputes involving trade secret theft. Now, however, the scope of the problem and the government’s renewed focus on stopping international intellectual property theft have made parallel criminal and civil investigations commonplace.”

Read the article.

With the recent passage of the Defense of Trade Secrets Act (DTSA), businesses are welcoming the many benefits the statute brings, including federal jurisdiction, robust equitable relief, and the ability to recover compensatory damages, punitive damages, and attorneys’ fees, writes Michael Greco in Fisher Phillips’ Non-Compete and Trade Secrets blog. However, in the midst of celebrating this new federal cause of action, many employers are overlooking a requirement embedded deep within the statute.

“Namely, employers are required to provide employees with notice that they are entitled to immunity if they disclose a trade secret for the purpose of reporting suspected illegal conduct,” he writes. “If employers fail to give notice in the manner required by the DTSA, they will not be able to recover punitive damages or attorneys’ fees. Consequently, employers must pay careful attention to the DTSA notification requirements, which are not as straightforward as many believe.”

He explains that “the immunity notification requirements of the DTSA are less than straightforward. If employers intend to avail themselves of the new federal cause of action, they should carefully analyze their agreements and policies to ensure compliance.”

Read the article.

Fitch, Even, Tabin & Flannery LLP will host a complimentary webinar, “The Defend Trade Secrets Act: A Federal Remedy at Last,” presented by Thomas F. Lebens. The webinar will take place on Wednesday, May 25, 2016, at 9 am PDT / 10 MDT / 11 am CDT / 12 noon EDT.

Congress recently passed the Defend Trade Secrets Act, and with President Obama’s expected signature, a federal civil remedy for trade secret misappropriation will become law, Fitch, Even says on its website. The bill will mean a shake-up for U.S. trade secrets law, which for years has been protected by a patchwork of state laws under various enactments of the Uniform Trade Secrets Act. A single federal statute would move us toward applying the law uniformly nationwide, and trade secret claims could be filed in federal court. The new law, however, will not completely replace state trade secrets law, but will coexist with it. Protections for trade secrets will be more on balance with those available to patents, copyrights, and trademarks.

The webinar will address these major provisions of the Defend Trade Secrets Act:

• Ex parte seizure of property to prevent dissemination of trade secrets
• Preemption of state law prohibiting restraints on employment
• Whistleblower protections for reporting trade secret misappropriation
• Enhanced damages

CLE credit has been approved for California and Illinois and is pending in Nebraska. Other states may also award CLE credit upon attendee request.

Following the live event, a recording of the webinar will be available to view for one year at fitcheven.com.

Register for the webinar.