Practice Areas: Business Law, Intellectual Property, Litigation
Original Production Date: 08/31/2025
Run Time: 1:15:00
SC Course Exp: 12/31/2026
This CLE program offers attorneys an in-depth exploration of trade secrets litigation, with a particular focus on the Defend Trade Secrets Act (DTSA) and its interplay with the Uniform Trade Secrets Act (UTSA).
Participants will be guided through the full lifecycle of a trade secret dispute — identifying and protecting proprietary information, investigating misappropriation, litigating claims in federal or state court and enforcing remedies and protective measures. Attorneys will gain skills for conducting internal investigations, drafting cease-and-desist letters, assessing whether information qualifies as a trade secret, selecting appropriate forums, crafting discovery strategies, anticipating defenses & counterclaims, and protecting confidential information during litigation. Special attention is given to the unique remedies available under the DTSA, including ex parte seizure orders and enhanced damages for willful misappropriation.
Learning Objectives:
- Understand the statutory definitions of trade secrets and misappropriation under the DTSA, and how they compare to the UTSA and common law approaches.
- Recognize what types of information may qualify as protectable trade secrets, including both positive and negative information, combinations of known elements, and single-use data.
- Evaluate pre-litigation strategies such as trade secret audits, forensic analysis of departing employees, and the strategic use of cease-and-desist letters.
- Analyze the practical and legal considerations in bringing a trade secrets lawsuit, including forum selection, personal jurisdiction, venue, and choice of law.
- Identify the causes of action and defenses available in trade secret cases, and anticipate counterclaims that may be raised by defendants.
- Develop discovery strategies to uncover direct and circumstantial evidence of misappropriation, including forensic analysis, third-party discovery, and expert witness involvement.
- Assess remedies and relief available under federal and state law, including injunctive relief, damages, attorney’s fees, punitive damages, and ex parte seizure orders.
- Implement best practices for protecting trade secrets during litigation, including protective orders, confidentiality protocols, and sealing of court records.
Nicholas Schneider is a trial attorney and Partner with the national law firm Eckert Seamans. He focuses his practice on complex commercial disputes involving breach of contract, breach of fiduciary duty, business torts, employment disputes, copyright infringement, unfair competition and class actions.
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