Law Seminars International Presents

An Advanced One-Day Seminar on

Trade Secrets Litigation and Transactions

Protect Your Competitive Edge

November 16, 2005
The Mid-America Club in Chicago, IL
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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 modern law of trade secrets in the Information Age presents unique challenges. Litigators need to understand emerging trends and trial tactics in trade secrets litigation. At the same time, corporate lawyers need to understand the emerging corporate governance issues as trade secrets are increasingly viewed as an asset class implicating the Sarbanes Oxley Act and other security and protection issues both in the United States and abroad. In this one-day intensive seminar, some of the most noted experts address the state-of-the-art in Inevitable Disclosure Doctrine, the interplay between trade secret and patent law, protection of assets in mergers and licensing negotiations, the importance of electronic discovery, corporate governance issues, creative damage remedies, and defending against a trade secret misappropriation case. Program Co-Chairs: R. Mark Halligan, Esq. and Christopher E. Paetsch, Esq.

What You Will Learn

*History on Trade Secrets Litigation and Transactions *Inevitable Disclosure Doctrine *The Interplay Between Trade Secret Law and Patent Law *Protection of Trade Secret Assets in Mergers and Licensing Negotiations *Electronic Discovery in Trade Secret Cases *Trade Secret and Corporate Governance Issues: The Sarbanes-Oxley Act *Recent Developments in Trade Secret Law *Creative Damage Remedies in Trade Secret Cases *Defending Against a Trade Secret Misappropriation Case at Trial

Agenda

Wednesday, November 16, 2005
8:00 am Registration & Continental Breakfast
8:30 am Introduction & Overview
  R. Mark Halligan, Esq., Program Co-Chair
 Welsh & Katz, Ltd. / Chicago, IL
  Christopher E. Paetsch, Esq., Program Co-Chair
 Seyfarth Shaw LLP / Chicago, IL
8:45 am How Did We Get Here? Some History on Trade Secrets Litigation and Transactions and What it Tells Us about the Future
  R. Mark Halligan, Esq., Program Co-Chair
 Welsh & Katz, Ltd. / Chicago, IL
9:15 am An Update on the Inevitable Disclosure Doctrine
  Is widespread adoption of the doctrine inevitable? Does the doctrine make it easier to prove trade secrets misappropriation? What changes have other circuits made to the PepsiCo v. Redmond framework? Tips for plaintiffs and defendants
  John P. Hutchins, Esq.
 Troutman Sanders LLP / Atlanta, GA
10:00 am Break
10:15 am The Interplay Between Trade Secret Law and Patent Law
  How to decide which type of protection is more appropriate; effective litigation strategies for technology companies dealing with patents and trade secrets
  David L. Schwartz, Esq.
 Wallenstein Wagner & Rockey, Ltd. / Chicago, IL
11:00 am Protection of Trade Secret Assets in Mergers and Licensing Negotiations
  Handling unsolicited ideas; entering into appropriate NDA's for merger talks, etc.
  Robert Hart, Esq., Chief Intellectual Property Counsel
 Harman International Industries, Inc. / Northridge, CA
11:45 am Lunch (on your own)
1:00 pm The Use and Importance of Electronic Discovery in Trade Secret Cases
  The harshness of sanction: the offensive and defensive role of eDiscovery and computer forensics in trade secrets cases
  Scott A. Carlson, Esq.
 Seyfarth Shaw LLP / Chicago, IL
1:45 pm Trade Secrets and Corporate Governance Issues: The Sarbanes-Oxley Act
  Jill M. Rusk
 LECG, LLC / Chicago, IL
  Daniel L. Regard, JD, MBA, Managing Director, Electronic Discovery Practice
 LECG, LLC / Washington, DC
2:30 pm Break
2:45 pm Recent Developments in Trade Secret Law
  Corporate liability for trade secret theft under the Respondeat Superior Doctrine
  Steven A. Weiss, Esq.
 Schopf & Weiss LLP / Chicago, IL
3:30 pm Creative Damage Remedies in Trade Secret Cases
  Latest thinking on calculation of damages; the extent to which trade secret damage theories should borrow from patent cases vs. the extent to which they are unique; equitable considerations regarding injunctive relief
  Andrew W. Carter, COO
 Ocean Tomo / Chicago, IL
4:15 pm Defending Against a Trade Secret Misappropriation Case at Trial
  Trial strategies
  Bradford P. Lyerla, Esq.
 Marshall, Gerstein & Borun LLP / Chicago, IL
5:00 pm Adjourn

Cancellation

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

Continuing Education Credits

This program qualifies for 6.5 IN CLE | 6.5 MN CLE | 7.8 MO CLE | 6.5 OH CLE | 7.8 WI CLE credits. On request, we will apply for CLE credits in other states and other types of credits.

Cost

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $705. The written 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 (whichever is later).
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Faculty Bios

R. Mark Halligan, Program Co-Chair, is a principal at Welsh & Katz, Ltd. where he is a first-chair litigator. He is a prolific lecturer and writer on trade secrets and sponsor of the world-renowned TRADE SECRETS HOME PAGE on the Internet. Mr. Halligan is recognized nationally as an expert in trade secrets law and the Economic Espionage Act of 1996. He was elected as a Fellow of the American Bar Foundation in August, 2000, and also a Leading Lawyer (IP Litigator) and a SuperLawyer in IP Law and Litigation.

Christopher E. Paetsch, Program Co-Chair, is a partner with Seyfarth Shaw LLP, where he has considerable experience in complex, multi-party litigation under federal and state law. The focus of Mr. Paetsch's practice is intellectual property litigation, including trade secrets, restrictive covenants, patents, trademarks and copyright matters. Mr. Paetsch is also an adjunct professor at Loyola University Law School, where he teaches appellate advocacy and legal writing.

Scott A. Carlson is a partner in the Complex Litigation subgroup at Seyfarth Shaw LLP, where he co-chairs the Electronic Discovery Task Force. His litigation practice primarily involves commercial litigation with a strong emphasis on issues associated with electronic discovery and other high technology matters.

Andrew W. Carter is a founding partner and the Chief Operating Officer of Ocean Tomo. Ocean Tomo assists clients corporations, law firms, governments and institutional investors in maximizing value from intellectual property as an asset class. Mr. Carter's areas of focus are IP asset purchase and licensing, IP risk management services, and IP valuation. He has testified as an expert witness on damages in numerous IP infringement lawsuits. Previously, he was a partner at InteCap, Inc.

Robert Hart serves as Chief IP Counsel to Harman International Industries, Inc., where he is responsible for 3000 plus patents and 3500 trademarks worldwide; IP litigation; international transactional agreements; anti-counterfeiting investigations and white collar crime investigations. Previously, Mr. Hart was Division IP Counsel at Conexant Systems.

John P. Hutchins, a partner at Troutman Sanders LLP, represents plaintiffs and defendants in various types of commercial disputes, with particular focus on information technology and intellectual property. He was recognized as a 2005 Georgia Super Lawyer by Law & Politics and Atlanta Magazine for both IP and Business Litigation excellence.

Bradford P. Lyerla is a partner with Marshall, Gerstein & Borun LLP. He is particularly well-known for patent, trade secret and unfair competition litigation, including Lanham Act and antitrust matters. He is listed in Who's Who in America, Who's Who in American Law, and has been named one of America's Leading Lawyers by the American Research Corporation. A recent survey of lawyers in the state named him an "Illinois Super Lawyer." A past recipient of the John Powers Crowley Justice Award for his pro bono work, Mr. Lyerla is also a life fellow of the American Bar Foundation.

David L. Schwartz is a shareholder at Wallenstien Wagner & Rockey, Ltd. His practice focuses on intellectual property portfolio management, as well as patent and trade secret litigation, licensing and patent prosecution matters. He is an adjunct professor at the University of Illinois College of Law.

Steven A. Weiss, a partner at Schopf & Weiss LLP, focuses on a wide variety of business litigation in the substantive areas of intellectual property, breach of contract, trade secrets and employment covenants not to compete. He is an instructor for the Illinois Federal Trial Bar training course of the CBA. He is co-chair of both the ABA's Technology Litigation Committee, and of the Internet Litigation Subcommittee of the ABA's Commercial and Business Litigation Committee.
Full bio and contact info for Steven A. Weiss at Schopf & Weiss LLP