Intellectual Property Rights Protection

Practical Tips for Trade Secret Protection in the Ever-Evolving Digital Age

Synopsis

The esteemed panel provides an extensive look at trade secrets and the effect of our ever-changing digital environment.  They address such topics as best practices for dealing with employees and the protection of trade secrets, the newest trends for cyber security and protecting all things digital, as well as practical tips for minimizing breaches, among other pertinent topics.



Outline

I. Introductions
    A. Panel Introductions
II. Managing New Employees and Defending Against Trade Secret Claims
    A. What's to Fear?
    B. Who Might Bring Trade Secrets?
    C. Consequences of Improper Use and Receipt
    D. Best Practices
        1. Dealing with Inbound Employees: Be Clear
        2. Preservation and Eradication
        3. Business-to-Business Information Sharing
III. Distrust and Caution
    A. The Automation Dog Bites Back
    B. The History of Security
    C. User Entity Behavioral Authentication
    D. The Solution
    E. An Unfortunate Equation
IV.  Practical Tips for Minimizing Breaches and Cyber Crisis
    A. It is Absolutely a Lawyer Problem
    B. Good Reason to do Better
    C. Risk Mitigation
        1. Reasonable Security
        2. Control: Center for Internet Security
        3. The EU and the General Data Protection Regulation
        4. Oversights and One More Thought on Behavior
V.   Panel and Audience Discussion
    A. Patents and Cyber-Security Technology
    B. How Can You Stay in Compliance?
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The American Intellectual Property Law Association (AIPLA) is a national bar association constituted primarily of lawyers in private and corporate practice, in government service, and in the academic community, with approximately 13,500 members. AIPLA represents a wide and diverse spectrum of individuals, companies and institutions involved directly or indirectly in the practice of patent, trademark, copyright, and unfair competition law, as well as other fields of law affecting intellectual property. Our members represent both owners and users of intellectual property.

AIPLA was formed in 1897 to maintain a high standard of professional ethics, to aid in the improvement in laws relating to intellectual property and in their proper interpretation by the courts, and to provide legal education to the public and to its members on intellectual property issues.

AIPLA is governed by a Board of Directors and has a staff of 25, headed by an Executive Director, located in Arlington, Virginia. AIPLA has more than 50 administrative and substantive committees which provide education to their members and formulate proposed positions for the Board of Directors to consider adopting as Association policy.

AIPLA is also actively involved in shaping US intellectual property policy through its work on legislation, federal regulations, and intellectual property cases in the US courts. Internationally, AIPLA has spearheaded a worldwide campaign to reduce the costs of procurement and enforcement of patents and trademarks, regularly participates in meetings of the Word Intellectual Property Organization, and maintains close relations with foreign IP officials and practitioners.

To qualify for membership, applicants must be members in good standing of the Bar of a court of record of the United States or any State. Foreign affiliate members must be able to practice in a court of general jurisdiction in their countries, or registered to practice before the Patent or Trademark Office in their country of citizenship or practice, to be considered for membership. AIPLA also has student affiliate memberships available for those regularly enrolled in a law school approved by the Association of American Law Schools and affiliate membership is available to patent agents who are registered with the USPTO. Approximately 63% of the regular members are in private practice, 33% in corporate practice, with the remainder in the government or academia. See our membership application for more information.

AIPLA conducts three regularly scheduled conferences a year, mid-winter, spring, and fall, at which the Association offers educational seminars on the latest developments in intellectual property law. In addition, AIPLA conducts several stand-alone seminars on specialized areas of intellectual property law throughout the year around the country, as well as online educational programs.

The Association produces a number of informative publications including the AIPLA Quarterly Journal (a scholarly law journal published four times a year), the AIPLA Bulletin (an overview of AIPLA meetings published electronically three times a year, and meeting papers from the regularly scheduled conferences and nationwide seminars. The Association also provides its members online access to a membership directory. Finally, AIPLA biennially publishes the Report of the Economic Survey, providing a significant benchmarking tool for compensation and charges in the intellectual property law field.


Learning Objectives:





Speakers / Authors:

Photo of Victoria Cundiff

Victoria Cundiff

Victoria A. Cundiff is a partner at Paul Hastings, resident in New York. She is a leader of the Litigation department’s global Trade Secrets practice. She helps clients acquire, protect and maximize value from intellectual property. Her clients include emerging companies, joint ventures and Fortune 50 companies in a variety of industries, including software, media, financial services, insurance, pharmaceutical, chemical, marketing, and sales and distribution organizations. Much of her work focuses on issues arising at the intersection of intellectual property and employment law, including avoiding the loss of trade secrets and other valuable assets when key employees move between competitors, analyzing and litigating restrictive covenant and intellectual property ownership disputes, and designing confidential investigation procedures and verification protocols for resolving intellectual property use and ownership disputes outside of court.
 
Ms. Cundiff has extensive litigation experience, particularly in seeking or opposing immediate injunctive relief. She has successfully tried or resolved trade secrets, inevitable disclosure, intellectual property ownership, copyright, licensing, and other intellectual property and commercial disputes in state and federal courts throughout the United States and before a variety of arbitration and mediation tribunals and coordinates multi-jurisdictional litigation.

Ms. Cundiff writes extensively on intellectual property law issues, including “Preventing The Inevitable: How Thinking About What Might Happen Can Help Ensure That it Won’t,” “Reasonable Measures to Protect Trade Secrets in a Digital Environment,” “Hiring Competitor’s Employees: A Trade Secrets Perspective,” and “How to Place Your Intellectual Property at Risk.” She is a frequent speaker on the implications of recent IP developments. She has served as an instructor in programs sponsored by the USPTO on trade secrets law for, among others, representatives of the governments of a variety of US trading partners. She has contributed to amicus curiae briefs filed in the United States Supreme Court on copyright and intellectual property licensing issues.
 
Ms. Cundiff is a Member of the American Law Institute, serving as an Adviser on the Restatement, Third, Conflict of Laws. She is a member of the Executive Committee of the New York State Bar Association’s Intellectual Property Section and is the past Chair of that section. She chairs the Trade Secrets Litigation Committee of the American Intellectual Property Law Association. She was an invited civilian guest at the U.S. Army War College National Security Seminar. She has completed the National Institute of Trial Advocacy’s Teacher Training Program and the CPR Institute’s Mediator Training Program. She is a fellow of the New York and American Bar Foundations and has been recognized in The Best Lawyers in America; Chambers; Legal 500; and New York Super Lawyers, among other lawyer directories.

Ms. Cundiff received her J.D. from Yale Law School in 1980 and her B.A. from University of Denver, in 1977.

Photo of Tanya Forsheit

Tanya Forsheit

Tanya Forsheit is Co-Chair of the Privacy & Data Security Group of Frankfurt Kurnit Klein & Selz P.C., and a partner in the Technology & Digital Media, Litigation, and Advertising, Marketing & Public Relations groups. She represents multi-national and emerging companies in the media, entertainment, consumer products, healthcare, technology and professional services industries. She counsels clients facing data security breaches and defends against allegations that they mishandled sensitive customer or employee information.  She advises on the protection, storage and monetization of confidential data, including privacy policies, mobile apps, cloud computing, SaaS, smart devices and data analytics.

Ms. Forsheit has advised on more than 100 data security breaches and regularly appears in federal and state court litigation, and has advised clients in matters before the Federal Trade Commission and California and other state Attorneys General.

In addition to her privacy and data security practice, Ms. Forsheit advises on intellectual property matters, and she has represented motion picture studios and television networks in copyright litigation. She also has experience in antitrust matters, representing a cable company in a purported class action alleging a tying arrangement.

Chambers USA, IT Law Experts, Who’s Who Legal, and Super Lawyers have all praised Ms. Forsheit for her privacy, data security and technology work, and the Los Angeles Daily Journal has twice included her in its list of "Top Women Litigators." Ms. Forsheit lectures widely on technology law topics and has been quoted on privacy and data security in publications such as the Los Angeles Times, Forbes, ComputerWorld, Venture Beat, and Law360.

She is certified as an information privacy professional by the International Association of Privacy Professionals (IAPP). Ms. Forsheit is a past President of the Women Lawyers Association of Los Angeles; and is a member of the American Bar Association: Science and Technology Law Section; the Los Angeles County Bar Association: Entertainment Law and Intellectual Property Section (ELIPS), Executive Committee; and the California Bar: Business Law Section, Cyberspace Committee.

Prior to joining Frankfurt Kurnit, she was a partner with BakerHostetler, and a founding partner of InfoLawGroup LLP, one of the nation’s leading privacy and data security boutiques.

Ms. Forsheit received her J.D. from University of Pennsylvania Law School in 1997, and her A.B. from Duke University in 1994.

Photo of John D. Rome

John D. Rome

John D. Rome is CEO and co-Founder of Intensity Analytics.  He is a software architect and technology inventor. After passing the Minnesota Bar, he sidestepped the practice of law in favor of staying with software development, his lifelong passion. Instead of writing wills and trying cases, he has developed large-scale computer programs to automate virtually every facet of the practice of law and several other industries.

Along the way, he launched five innovative businesses, descendants of which endure today. A veteran entrepreneur, his professional happiness comes from creating high-tech jobs—not to mention entire industry segments.

Mr. Rome received his J.D. from the University of Minnesota Law School in 1969, and his B.A., cum laude, from the University of Minnesota-Twin Cities in 1966.

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Details

Course Code : 772545

Release Date : 12/29/2016


Length : 1hr 12min
Recorded Date : 10/28/2016


Format Type : eLearning
Mobile Compatible


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