Law Seminars International Presents

An Advanced One-Day Workshop on

Trade Secret Transactions & Litigation

December 1, 2004
Sheraton Reston Hotel in Reston, VA
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Who Should Order Homestudy

Attorneys, business leaders and software developers involved in creating a workable trade secret program

Why Order

The law of trade secrets presents, perhaps more than any other area of intellectual property law, remarkably unique challenges in both the litigation and transactional contexts. These challenges have become all the more frequent as companies competing in a stagnant economy try to maintain - or even grow - market share and protect their human resource and technology investments. More than ever, protection of trade secrets has become a pivotal economic battlefield both in the U. S. and internationally. In this one-day intensive seminar, some of the most noted experts address the state-of-the-art in trade secret protection, negotiation and litigation practice.

Agenda

Wednesday, December 01, 2004

8:00 am Registration and Continental Breakfast
8:30 am Introduction and Overview
  James G. Gatto, Esq., Program Co-chair
Pillsbury Winthrop LLP / McLean, VA
  Elizabeth A. Lalik, Esq., Program Co-chair
Pillsbury Winthrop LLP / McLean, VA
8:45 am New Developments in Trade Secret Law
  What qualifies as a trade secret; what constitutes reasonable efforts to protect security; determining the effectiveness of protection programs; mobile employee: case law trends regarding non-competes, inevitable disclosure, computer Fraud & Abuse Act
  John F. Hornick, Esq.
Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P. / Washington, DC
9:30 am The Interplay Between Patent Law and Trade Secret Law
  Brian M. Buroker, Esq.
Hunton & Williams / Washington, DC
10:15 am Break
10:30 am Trade Secret Litigation Startegies
  Strategic litigation issues for in-house and outside counsel when dealing with competitors and employees, including early stage strategies and successful case workup, necessary discovery and use of experts, from both an IP and employment law perspective
  Elizabeth A. Lalik, Esq., Program Co-chair, Moderator
Pillsbury Winthrop LLP / McLean, VA
  IP perspective
  Roger P. Furey, Esq.
Katten Muchin Zavis Rosenman / Washington, DC
  Employment law perspective
  Eugene F. Assaf, Esq.
Kirkland & Ellis LLP / Washington, DC
  David C. Goldberg, Esq., Associate General Counsel
America Online, Inc. / Dulles, VA
12:00 pm Lunch (on your own)
1:15 pm Damages and Remedies
  Latest thinking on calculation of damages; equitable considerations regarding injunctive relief; limits to reverse engineering and tips for protecting your secrets
  Christine Meyer, Ph.D., Senior Consultant
NERA Economic Consulting / White Plains, NY
2:00 pm Discovery and Use of Experts: What You Need and How to Get It
  Daniel P. Westman, Esq.
Shaw Pittman LLP / McLean, VA
3:00 pm Break
3:15 pm Case Study: Trade Secret Misappropria-tion in the Context of a Government Contract for Computer System Develop-ment and Integration
  An exploration of key decision points from initial emergence of the issue through development of trial strategy
  James G. Gatto, Esq., Program Co-chair, Moderator
Pillsbury Winthrop LLP / Reston, VA
  Plaintiff’s counsel
  Matthew S. Simchak, Esq.
Wiley Rein & Fielding LLP / Washington, DC
  Defendant’s counsel
  Franklin Blackstone, III, Esq., President
Franklin Blackstone III, P.C. / Vienna, VA
5:00 pm Adjourn

Cancellation

There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders

Continuing Education Credits

Law Seminars International automatically obtains CLE credit approval for the state in which a seminar is held. On request, we will apply for CLE credits in other states and other types of credits. Current credits status: VA CLE 6.5 (#S00328) | CA MCLE 7.25 | GA CLE 7 inc 7 trial | NY CLE 8 (0 ethics; nontransitional) | WA CLE 7 (#127608)

Cost

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $605. The course materials alone are available for $100. We will ship your homestudy order via UPS ground within two weeks after the seminar or the date we receive payment (which ever is later).
Order Homestudy

Faculty Bios

James G. Gatto, Program Co-Chair, is a partner at Pillsbury Winthrop LLP. His practice focuses on all aspects of intellectual property including patent, trademark, copyright, trade secret, and Internet law. His areas of technical focus include computer software, information technology, bioinformatics, personalized medicine, optics, semiconductors, telecommunications, financial services, open source software, business methods, and Internet-related and e-commerce inventions. Prior to joining the firm, Mr. Gatto headed the local IP practice for Mintz Levin’s Reston and Washington offices, and was co-chair of the firm-wide IP Section.

Elizabeth A. Lalik, Program Co-Chair, is a partner at Pillsbury Winthrop LLP. Ms. Lalik litigates employment-related cases throughout the country, with particular emphasis in Virginia and the D.C. area. She has tried several significant cases before federal and state court juries, obtaining wins by both judge and jury verdict. Ms. Lalik was voted among “The Legal Elite, Virginia’s Top Lawyers in Labor/Employment,” Virginia Business (December 2003).

Eugene F. Assaf is a partner at Kirkland & Ellis LLP in the practice area of litigation. Mr. Assaf is trial counsel in commercial and technological disputes, including antitrust, trade secrets, trademark, customs fraud, contract and securities fraud matters and also provides clients with advice on defamation matters.

Franklin Blackstone III is the Founder and President of his own firm, Franklin Blackstone III, P.C., and has extensive experience with corporate and technology transactions, intellectual property issues, and commercial litigation for clients ranging from emerging companies to multinational corporations. He has litigated numerous multi-million dollar matters, and also serves as outside General Counsel for numerous emerging and mid-market companies. General Counsel for numerous emerging and mid-market companies.

Brian M. Buroker is a partner at Hunton & Williams. His practice fo-cuses on all aspects of intellectual property law including patent litigation and preparation related to ecommerce, business methods, software-related inventions and other technical areas. Having spent time as a patent examiner examining software-related inventions at the Patent and Trademark Office, as well as working on software-related cases at the appellate level, Mr. Buroker has a broad-based understanding of software-related patents and how to use those patents once issued.

Roger P. Furey is a partner at Katten Muchin Zavis Rosenman. Mr. Furey protects and enforces intellectual property rights on behalf of clients and has litigated numerous cases in state and federal courts around the country. His litigation experience includes trademark, trade dress, copyright and trade secret infringement and theft cases, for businesses ranging from Fortune 100 companies to start-ups.

David C. Goldberg is Associate General Counsel at America Online, Inc., where his practice focuses on employment law and general litigation. Before joining AOL in 1999, Mr. Goldberg practiced with the law firms of Shaw Pittman LLP and Robins Kaplan Miller & Ciresi LLP.

John F. Hornick is a partner with Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P. Mr. Hornick has broad experience in the areas of software licensing, copyrights, trade secrets, trademarks, IP litigation, and security interests in IP. Mr. Hornick leads litigation teams in trade secret, software, copyright trademark, and patent infringement actions.

Christine Meyer, Ph.D., is a Senior Consultant at NERA Economic Consulting. Dr. Meyer conducts ecnomic research and analysis in the areas of antitrust, intellectual property, commercial damages, business valuation and labor economics

Matthew S. Simchak is a partner at Wiley Rein & Fielding LLP and is co-chair of the Government Contracts Practice. Mr. Simchak has more than 30 years of experience in government contracts litigation before all forums. He specializes in representing clients in intellectual property matters, performance disputes and bid protests.

Daniel P. Westman is a partner at Shaw Pittman LLP where his practice focuses on labor and employment issues, including defending employers in whistleblower, wrongful termination, sexual harassment and discrimination litigation, and counseling employers regarding prevention of disputes. Mr. Westman has tried numerous employment cases to jury verdicts in favor of companies, has handled dozens of mediations and arbitrations of employment disputes and has counseled numerous employers.