Law Seminars International Presents: A One-Day Intensive Seminar on

Protecting and Optimizing the Value of Trade Secrets in the 21st Century
New legislation, business opportunities and practical tips for litigation

November 6, 2015
The Gleacher Center in Chicago, IL
Anyplace you may be via webcast!

Webcast Info

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Who Should Attend

Attorneys and business executives interested in protecting and maximizing the value of their intellectual property

Why You Should Attend

Information is often a company's most valuable asset. Identifying and valuing a company's valuable confidential information, for example for commercialization or an impending corporate transaction, can be difficult. Protecting that business information has become one of the most important, and increasingly difficult, challenges facing modern business.

Keeping business information safe from the "competitive intelligence" efforts of competitors has taken on a new urgency. Globalization has broadened the landscape in which these issues arise, and impending new federal trade secrets legislation will alter it further. In this one-day intensive seminar, some of the most noted experts address the state-of-the-art in current trade secrets issues.

Program Co-Chairs: R. Mark Halligan, Esq., FisherBroyles, LLP and Linda K. Stevens, Esq., Schiff Hardin LLP

What You Will Learn


Friday, November 06, 2015

8:00 am

Registration Opens

8:30 am

Introduction and Overview

R. Mark Halligan, Esq., Program Co-Chair
FisherBroyles, LLP / Chicago, IL

Linda K. Stevens, Esq., Program Co-Chair
Schiff Hardin LLP / Chicago, IL

8:45 am

Competitive Intelligence: The Increasing Pressure Faced by Companies to Uncover Information Regarding Their Competition

How pervasive competitive intelligence has become; what types of activities it encompasses; how to protect against it

Chris Boswell, CEO
Alapax Research and Technologies LLC / El Segundo, CA

What types of covert investigation and competitive intelligence gathering are lawful, and which ones go too far? What laws and rules apply; legal risks and traps that await the unwary

Linda K. Stevens, Esq., Program Co-Chair
Schiff Hardin LLP / Chicago, IL

9:45 am


10:00 am

Trade Secrets Asset Management: Emerging Best Practices for Valuation and Licensing of Trade Secrets

How to quantify and monetize the value of your trade secret; what value concerns exist given the ever-increasing globalization of trade, manufacturing, and human capital? Methodologies to effectively value and license trade secrets

Carrie Distler, Senior Managing Director
FTI Consulting, Inc. / Chicago, IL

10:45 am

Protecting Trade Secrets and Confidential Information When Exploring Potential Business Transactions

Safely sharing trade secrets while considering whether to do a deal; minimizing risk to both parties if the deal does not proceed; contracts, best practices; remedies for misappropriation; in M&A, due diligence reps and warranties, and successor liability

Victoria A. Cundiff, Esq.
Paul Hastings LLP / New York, NY

11:30 am

Economic Espionage and the New Proposed Federal Civil Cause of Action for Trade Secrets Misappropriation

Mark L. Krotoski, Esq.
Morgan Lewis & Bockius LLP / Palo Alto, CA

12:15 pm

Lunch (on your own)

1:30 pm

Patents versus Trade Secrets: The New Calculus in Light of Recent AIA Legislation and Decisions of the U.S. Supreme Court

The calculus for deciding whether to protect an invention as a trade secret or to seek patent protection; the impact of AIA and Supreme Court Decisions on the patent vs. trade secret calculus

R. Mark Halligan, Esq., Program Co-Chair
FisherBroyles, LLP / Chicago, IL

Adam G. Kelly, Esq.
Loeb & Loeb LLP / Chicago, IL

2:45 pm


3:00 pm

Electronic Evidence Discovery and Computer Forensics in Trade Secrets Litigation

Bruce Malter, Market Manager
Merrill Corporation LLC / Chicago, IL

3:30 pm

Offensive and Defensive Strategies in Trade Secrets Litigation

Offensive strategies: Should you bring common law or equitable claims in addition to statutory trade secret claims, or are non-statutory claims preempted? Should you seek temporary restraining order? Preliminary or permanent injunctions, impact on damages

William Lynch Schaller, Esq.
Baker & McKenzie LLP / Chicago, IL

Defensive strategies: Can you defeat trade secret claims by showing the information is either publicly available or was not protected? Social media and search engines as tools; can the steps you take in discovery defeat a trade secrets claim?

Michael D. Wexler, Esq.
Seyfarth Shaw LLP / Chicago, IL

5:00 pm

Evaluations and Adjourn


Time Shift Your Content

Order Homestudy


Regular tuition for in person or webcast attendance for this program is $895 with a group rate of $670 each for two or more registrants from the same firm. For government employees, we offer a special rate of $595. For students, people in their job for less than a year, and public interest NGO's, our rate is $447.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.

Financial aid is available to those who qualify. Contact our office for more information.

Continuing Education Credits

Live credits: This program qualifies for 6.5 IL ClE credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.


The conference will be held at The Gleacher Center at 450 North Cityfront Plaza Drive in Chicago, IL 60611; (312) 464-8787. Check for a list of River North hotels.
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Cancellation & Substitution

You may substitute another person at any time. We will refund tuition, less a $50 cancellation fee, if we receive your cancellation by 5:00 p.m. on Friday, October 30, 2015. After that time, we will credit your tuition toward attendance at another program or the purchase of a Homestudy.

Faculty Bios

R. Mark Halligan, Program Co-Chair, FisherBroyles, LLP, is an accomplished trial lawyer who focuses on intellectual property litigation and complex commercial litigation, including antitrust and licensing issues. He is recognized as one of the leading lawyers in trade secrets litigation in the United States by Legal 500 and Chambers USA,
Full bio and contact info for R. Mark Halligan at FisherBroyles, LLP

Linda K. Stevens, Program Co-Chair, partner and Co-Chair of the Trade Secrets and Restrictive Covenants Client Service Team, Schiff Hardin LLP, is an intellectual property litigator and counselor. She guides clients in solving "departing employee" disputes that involve trade secrets, noncompete covenants, confidentiality agreements and allegations of employee raiding.
Full bio and contact info for Linda K. Stevens at Schiff Hardin LLP

Chris Boswell, CEO, Alapax Research and Technologies LLC, advises firms on decision sciences, competitive intelligence and large scale analytics.

Victoria A. Cundiff, litigation partner, Paul Hastings LLP, helps clients acquire, protect, and maximize value from intellectual property. She leads the global Trade Secrets practice and helps clients protect trade secrets through contracts, internal security procedures and litigation, and helps defend against claims of misappropriation.

Carrie Distler, Senior Managing Director, FTI Consulting, Inc., and a member of the Intellectual Property practice in the Forensic & Litigation Consulting segment, specializes in intellectual property disputes and management, and provides expert testimony related to damages. She was identified as a leading patent litigation expert witness by Intellectual Asset Management magazine's Patent 1000-The World's Leading Patent Professionals guide.

Adam G. Kelly, partner, Loeb & Loeb LLP, is a counselor in intellectual property law with extensive experience in the U.S. and abroad. He assists clients with due diligence, strategic procurement of new technologies, and contract and license negotiations, and how to competitively use intellectual property to increase revenues and market share.
Full bio and contact info for Adam G. Kelly at Loeb & Loeb LLP

Mark L. Krotoski, partner, Morgan Lewis & Bockius LLP, represents and advises clients on antitrust cartel investigations, cybersecurity and privacy matters, trade secret, economic espionage, fraud, and foreign corrupt practices cases, and government investigations. Previously, he was a federal prosecutor at the U.S. Department of Justice.

Bruce Malter, Market Manager, Merrill Corporation LLC, is experienced in business development, strategic planning, project management, operations management and marketing, with a focus in both the financial service and e-discovery/litigation support sector.

William Lynch Schaller, partner, Baker & McKenzie LLP, has tried jury and bench trials in personal injury and commercial cases, and counsels clients on commercial, intellectual property and employment law matters. He focuses on insider unfair competition disputes, typically involving key players forming, joining, or assisting a rival.

Michael D. Wexler, partner, Seyfarth Shaw LLP, Chair of the national Trade Secrets, Computer Fraud, and Non-Competes Practice Group, focuses on trial work and counseling in the areas of trade secrets and restrictive covenants, corporate espionage, unfair competition, complex commercial disputes, intellectual property infringement, and white collar criminal defense in both federal and state courts.