Navigating Trade Secret Litigation: A Guide for In-House Counsel

Trade secret litigation has surged since the Defend Trade Secrets Act's enactment, with filings rising over 250% in just seven years—a trend amplified by increased employee mobility and the proliferation of AI tools in the workplace. This CLE provides in-house counsel with a comprehensive guide to trade secret disputes, covering the fundamentals of what qualifies as a trade secret, what constitutes misappropriation, and the full range of damages available under both federal and state law. The presentation emphasizes practical, proactive measures—from drafting comprehensive NDAs and implementing access controls to establishing incident response plans and forensic evidence preservation protocols. It also addresses the unique risks posed by AI, including the potential loss of trade secret status when employees input confidential information into AI systems. This is an essential program for any in-house counsel tasked with protecting their organization's most valuable intellectual property.

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