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Certain issues arise in virtually all trade secret misappropriation disputes—whether the plaintiff pursues its case in federal court under the recently enacted Defend Trade Secrets Act (DTSA) or under one of the 48 state law statutes based on the Uniform Trade Secrets Act (UTSA). Consideration of these common issues is critical to assessing the strengths and weaknesses of trade secret claims and defenses.

Please join lawyers from Mayer Brown’s Litigation & Dispute Resolution practice for an overview of the essential elements of a trade secret misappropriation claim, as well as potential defenses to such claims, and emerging developments in cases decided under DTSA.

Topics will include:

Pleading requirements under DTSA and the UTSA
Reasonably identifying the trade secret:
What does a plaintiff have to tell a defendant about the trade secret and when in the proceedings does it have to be told?
What are the differences between DTSA and UTSA?
How do you survive summary judgment?
What are the parameters of a protectable “trade secret”?
What constitutes “improper use”?
Is influencing the development of a product sufficient, and does the trade secret need to be “incorporated” or “embodied” into the defendant’s product?
What kinds of reasonable safeguards must be taken to maintain a trade secret?
Are NDAs required or are promises of confidentiality sufficient?
How much disclosure is too much?
Damages theories for misappropriation
Reasonable royalties
Lost profits
Causation and methodology defenses
Early developments in DTSA litigation

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