Trade Secrets in Employment Litigation: Defend Trade Secrets Act and State Law

This CLE course will prepare employment litigators to pursue trade secret misappropriation cases against former employees and/or their new employers. The panel will focus on recent developments impacting trade secret litigation, including emerging trends under the Defend Trade Secrets Act and new state laws restricting or limiting the use of non-competition agreements. The panel will also outline litigation strategies, including obtaining ex parte seizure orders and preliminary injunctions.

The ease of accessing, storing, and transmitting electronic data significantly increases the risk of misappropriation of a company's trade secrets by a departing employee. Under the Defend Trade Secrets Act (DTSA), employment litigators have a tool in their arsenal for pursuing legal action against former employees and/or their new employers for trade secret misappropriation.

The DTSA gives employers the right to file private trade secret theft civil cases against employees in federal court and, more significantly, allows employers to forcefully recover misappropriated trade secrets from former employees through ex parte seizure orders.

Employment litigators must be savvy about pursuing ex parte seizure orders, and preliminary injunctions. Counsel also must also guide clients in developing clear, consistent trade secret protection policies and practices, and a strategic approach to dealing with departing employees.

Listen to our program as we examine the latest trends in trade secret misappropriation lawsuits and strategies for employment litigators. The panel will also explain upfront steps employment counsel should take to prevent the loss of confidential company information before a key employee leaves to work for a competitor.