Available On-Demand - Publication Date: 02/08/2024
60 minutes
Overview (Program Summary)
Join our experienced panel for a robust discussion of emerging trade issues, including:
1. Trade Secret v. Confidential Information v. De-Facto Non-Compete Agreement
- Choice-of-law: state versus federal protections
- Broad confidentiality agreement v. non-compete agreements, including survey data, the potential Federal Trade Commission’s approach, and TGS v Brown and TLS v Rodriguez
- How to avoid your confidentiality agreement being treated as “de facto non-compete”
- Lessons from the trenches: How courts are handling trade secret identification, protection, and trials
- Damages Challenges, including theft v. disclosure, proof complexities, and recovering fees and enhanced damages
- Most recent Sedona Conference guidance
2. New generative AI tools and resulting trade secret law challenges
- Risks to existing trade secrets and confidential information, and mitigation strategies
- Reasonable measures, workplace bans, the “Enterprise License” and end user license agreements
- New trade secrets developed by generative AI, including the question of patent and/or copyright protection
- Current trending litigation issues
Interest Area(s):
Intellectual Property