Join our experienced panel for a robust discussion of emerging trade issues, including: 

1. Trade Secret v. Confidential Information v. De-Facto Non-Compete Agreement

• Choice-of-law: state versus federal protections
• Broad confidentiality agreement v. non-compete agreements, including survey data, the potential Federal Trade Commission’s approach, and TGS v Brown and TLS v Rodriguez
• How to avoid your confidentiality agreement being treated as “de facto non-compete”
• Lessons from the trenches: How courts are handling trade secret identification, protection, and trials 
• Damages Challenges, including theft v. disclosure, proof complexities, and recovering fees and enhanced damages
• Most recent Sedona Conference guidance

2. New generative AI tools and resulting trade secret law challenges

• Risks to existing trade secrets and confidential information, and mitigation strategies 
• Reasonable measures, workplace bans, the “Enterprise License” and end user license agreements 
• New trade secrets developed by generative AI, including the question of patent and/or copyright protection   
• Current trending litigation issues

This program originally aired on March 28, 2024. Please note that the on-demand format of this program is not eligible for CLE/CPD credit.