Intellectual Property Owners Association

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Intellectual Property Owners Association’s weekly
one-hour webinar series on current topics in IP

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Registration Fee: $135 per user
Save with an Unlimited Annual Pass
Government/Academic Rates are
available upon written request to
meetings@ipo.org

Hosted and produced by
journalist Pamela Sherrid
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2017 Scheduled Webinars

Inevitable Disclosure, the DTSA, and Avoiding Contamination
Thursday, 27 July, 2:00pm-3:00pm ET

The year-old federal Defend Trade Secrets Act (DTSA) expressly disavows the doctrine of “inevitable disclosure” in the context of injunctive relief. But trade secrets litigators now have an indication how that doctrine — under which a former employer can prove that a defendant’s new employment will inevitably lead him or her to rely on the former employer’s secret — will play out more generally under the DTSA.

In May, in Molon v. Nidec in the Northern District of Illinois, a federal district court for the first time considered inevitable disclosure under the DTSA, letting it survive a motion to dismiss in the context of pleading. Our panelists, two experienced trade secret litigators and an in-house counsel, will discuss the future of inevitable disclosure and the related notion of “threatened misappropriation” under the DTSA, and how that will relate to the long-standing patchwork of state laws on the issue.

They also will consider more generally the risks involved in hiring an employee from a competitor and how to mitigate them. Recent highly-publicized trade secrets cases in competitive industries illustrate the dangers of situations in which the best new employee, the one with the most relevant experience, worked for a competitor. The new employer can take steps, starting with job advertising and recruitment, that show sensitivity to the danger of leaning on the new employee’s “relevant experience” — if that means projects and products — from the former employer.

Speakers:

  • Bret Cohen, Mintz Levin Cohn Ferris
  • Ken Corsello, IBM Corp.
  • James Pooley, Orrick, Herrington & Sutcliffe, LLP

Global FRAND Update – Asia
Tuesday, 8 August, 2:00pm-3:00pm ET

Speakers:

  • Jorge Contreras, University of Utah School of Law
  • James Harlan, InterDigital Holdings, Inc.
  • Paul Zeineddin, Zeineddin PLLC