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Understanding and Applying the Defend Trade Secrets Act of 2016

Format: On-Demand Video, DVD, or PDF Transcript
Originally presented: July 13, 2016

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Trade secrets are a unique form of IP whose value, unlike patents, trademarks and copyrights, relies upon preventing competitors and others from discovering those secrets. With trade secret theft on the rise due to hacking exposures and corporate security breaches, last month the Defend Trade Secrets Act became law. This first-ever federal civil cause of action for trade secret misappropriation provides a new layer of IP protection, and recognizes that failure to protect trade secrets inhibits innovation, stifles economic growth and has cost U.S. innovators more than an estimated $300 billion annually. Understanding the DTSA is a must for any technology transfer office working with start-ups and companies in sponsored or collaborative research.

As with any new law, it will take some careful examination to determine just how DTSA can be applied optimally by university TTOs and other innovation-driven organizations. What is clear, however, is that trade secrets – now more than ever – must be considered an important element of your overall IP strategy.  That’s why Technology Transfer Tactics has partnered with intellectual property attorney Andrew M. Howard of Shore Chan DePumpo, LLC, to present this timely webinar:

Understanding and Applying the Defend Trade Secrets Act of 2016

Please join us for a detailed look at the new law’s provisions, and how your university can best apply DTSA to protect your valuable IP. Here’s a quick look at the agenda:

  • Legislative history and purpose of the DTSA
  • What is a “trade secret” under the DTSA?
  • What constitutes “misappropriation” under the DTSA?
  • Can you obtain a seizure of trade secrets, an injunction, and/or damages?
  • How does the DTSA affect different university constituents, including faculty, students, technology transfer offices, incubated companies, and joint ventures/sponsors?
  • What outreach and education is needed to ensure faculty and others involved in research commercialization don’t inadvertently weaken trade secret protection?
  • How to protect trade secrets when key faculty and staff exit
  • Differences between the DTSA and UTSA
  • Procedural aspects of the DTSA
    • Statute of Limitations, jurisdiction, and territorial reach

PLUS! Follow along with the recorded Q&A portion of the program.

Your program leader:

Andrew HowardAndrew Howard practices intellectual property and complex commercial litigation. He has represented both plaintiffs and defendants in successful trade secret cases in Texas state court, including a recent multi-million dollar settlement. For these accomplishments and others, Mr. Howard has been named as a Texas Rising Star for Intellectual Property by Super Lawyers for the past three years. Additionally, Mr. Howard represented multiple large educational and research institutions enforcing patent portfolios and has clients operating in a variety of industries, including consumer electronics, medical devices, manufacturing, software development, and natural resource development and collection. Mr. Howard graduated from Washington and Lee University School of Law, magna cum laude, and received an engineering degree from the University of Florida.

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