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Webinar Replay: What Does the FTC’s Crackdown on Non-Competes Mean for Trade Secrets?
January 10 @ 12:00 pm – 1:04 pm
Presented by the Trade Secret Committee.
1 Participatory MCLE Credits
The FTC’s crackdown on the use of non-compete agreements by employers and its recent proposed rule banning most non-compete agreement will have an impact on how companies protect their trade secrets.
This expert panel will discuss:
- The FTC’s recent non-compete enforcement activities and proposed rule banning non-competes
- The FTC’s discussion and treatment of trade secrets in its supporting rule materials
- Policy and practical implications related to trade secrets, including guidance concerning reasonable non-disclosure agreements
- Effective strategies for companies to employ in current regulatory climate
Speakers: David Almeling, Robert B. Milligan and James Pooley
David Almeling is one of the country’s leading attorneys in trade secret law. IAM Patent 1000 calls him a “trade secret authority” and “one of the country’s best trade secret litigators”. Legal 500 lists him as one of the 13 “Leading Lawyers” in the U.S. for trade secrets. And The National Law Journal named him to its list of the top 50 “Intellectual Property Trailblazers & Pioneers.”
David has represented clients in countless matters that span the full range of trade secret and employee mobility issues, from advising on protection programs to investigating alleged thefts to litigating trade secret cases in the U.S. and abroad. David’s work on trade secrets also include:
- He has taught trade secret law UC Berkeley Law School for each of the last four years.
- He has testified at the invitation of Congress on safeguarding trade secrets.
- His book, Trade Secret Law and Corporate Strategy, is now in its third edition.
He is currently Vice Chair of the prestigious Sedona Conference Working Group on trade secrets, which comprises approximately 100 of the leading lawyers, judges, and academics in this field.
David is also an accomplished patent litigator. IAM Patent 1000 describes him as an “up-and-coming star” who “gets great results.” David advises clients on patent strategy and litigates patent cases. He also represents clients at the US Patent & Trademark Office.
Robert Milligan co-chairs Seyfarth Shaw’s Trade Secrets, Computer Fraud & Non-Competes practice group. His practice primarily focuses on trade secret, non-compete, and data theft/protection litigation, investigations, and transactional work on a state, national, and international platform. Robert represents multinational companies in a variety of key industries in trade secrets and restrictive covenant litigation and routinely provides valuable transactional advice on how to best protect valuable intellectual property assets in significant business transactions. He is a recognized national leader in trade secrets law serving on the prestigious Sedona Conference for Trade Secrets Working Group and serving as Chair of the State Bar of California Trade Secrets Interest Group. He previously served in similar positions for the ABA and ITechLaw.
Clients frequently turn to Robert for his practical and effective advice to address their trade secret and non-compete issues, including conducting internal investigations, trade secret audits, and drafting relevant agreements and policies. He has successfully obtained and defeated temporary restraining orders, preliminary injunctions, and permanent injunctions involving trade secret and restrictive covenant matters throughout the country and prepared national restrictive covenant agreements/policies for many Fortune 50 companies. He has created innovative eLearning training platforms for companies seeking to protect their trade secrets and automated trade secret protection agreements. He uses innovative approaches with computer forensics to assist clients to avoid disputes, aid investigations, and leverage helpful evidence for contested matters. He frequently also works with corporate counsel on significant business deals to address delicate trade secret, key employee, and restrictive covenant issues that often drive the deal valuation.
James Pooley has worked on the front line of IP and data asset protection for the past 45 years as a lawyer, manager, diplomat and author. He has the vast experience and wisdom of a frontrunner who was there at the inception of Silicon Valley’s explosive run of disruption and innovation.
A multi-published author, Jim is recognized as the world’s leading expert combining trade secret, patenting and business strategy. His most recent book “Secrets: Managing Data Assets in the Age of Cyber Espionage,” has become a “go-to” reference for executives and knowledge workers.
He has served as a senior diplomat at the United Nations in Geneva, where he managed the international patent system, as Chairman of the National Inventors Hall of Fame, and as president of the American Intellectual Property Law Association.
The Senate Judiciary Committee relied on Mr. Pooley for expert testimony and advice during consideration of the 2016 Defend Trade Secrets Act, and one Senator later called his participation “instrumental” in achieving passage of this landmark legislation.
Based in Silicon Valley, Mr. Pooley speaks and consults both nationally and internationally, sharing with unrivalled insight and detail, how — in an age when data theft is easy, cheap and hard to detect — secrets can still be kept, competitive advantage secured and lawsuits avoided.