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2017
Defend Trade Secrets Act
Following the White House's Call to Action
February 24, 2017  •  University of Denver  •  Denver

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Credits Available

Earn Up to 7 Hours MCLE Credit Including 1 Hour of Ethics Credit
Conference Highlights
 
Dear Colleague,
 
On October 25, 2016, the Obama White House issued a Call to Action (CTA) urging states to enact non-compete reform. 
One might suspect the CTA is dead in the water due to the election of Donald Trump, but that notion is far from clear. Although it was styled as “Call to Action,” the truth is that a multitude of state and federal bills calling for reform have been proposed in recent years. In other words, the White House is simply observing a trend.
 
The CTA posits that non-compete agreements are overused, and that employers can protect their interests through a host of other legal frameworks – including trade secrets protections. Coincidentally, Congress recently enacted the Defend Trade Secrets Act (DTSA). If states are going to urge employers to rely more heavily on trade secret protection in lieu of using non-competes, it is imperative that the DTSA gets off on the right foot.
 

The DTSA was enacted to promote national uniformity in trade secret law. But a review of case law reveals we have anything but uniformity. Therefore, in the nascent stages of the DTSA, we are assembling nationally prominent practitioners, the Federal Bureau of Investigation (FBI), and state and federal judges to discuss and analyze key aspects of the DTSA and best practices for non-compete and trade secret litigation.
 
Don’t miss this opportunity to have your voice heard! As we gather, our goal is to influence the formation of national policy governing trade secret law. At the conclusion of the conference, a collection of our panelists will work to synthesize the discussions and ideas into a comprehensive report to be utilized as a resource for courts interpreting and applying the DTSA. In the years to come, we will continue with our educational and policymaking objectives.
 
Conference topics include:

  • Insights from the FBI: Our Featured Speaker, Special Agent Gloria Harbold, will set the stage by addressing how businesses can recognize and report insider threats and theft of trade secrets.
  • DTSA Overview: Learn about the nuts and bolts of the Act.
  • The Search for Uniformity and Understanding: We’ll identify areas in which state trade secret laws have varied, analyze the DTSA, and project a vision for uniformity going forward.
  • The Interplay of Trade Secret and Non-Compete Law: We’ll explore the ways trade secret and non-compete law complement each other and address issues such as the need for the inevitable disclosure doctrine.
  • Panel of Judges: We will hear from Federal and state judges who will provide a perspective from the Bench.
  • Panel of In-House Counsel: Hear from Counsel representing Abbott Laboratories, Garmin International, and TeleTech.
I look forward to seeing you at the beautiful University of Denver campus in February to further discuss this important topic.
 
Sincerely,

 
 
 
Michael R. Greco, Esq., Program Chair
Fisher Phillips, Denver
 
P.S. Don’t miss the opportunity to ski some beautiful Colorado slopes following the Conference—we should have some very nice snow for you in February!