Greenberg Traurig
Trade Secret Law Evolution Podcast
Greenberg Traurig's Trade Secret Law Evolution Podcast strives to offer business leaders, in-house counsel, and entrepreneurs an easily digestible and quick analysis of the most current developments in trade secret law. In episodes short enough for a morning commute, host Greenberg Traurig Shareholder Jordan Grotzinger summarizes key cases and trends, providing takeaways on trade secret protection. Each episode will address recent developments occurring since the previous episode, to help you stay current on trade secret law and trends as you work to protect your company's most valuable assets...
Where to listen?
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Episodes
Episode 17: Identifying Trade Secrets for an Injunction, Inevitable Disclosure and Preemption Issues 12.02.2020 15:17
In this episode, we discuss how to (or how not to) define trade secrets in an injunction proceeding, the Inevitable Disclosure doctrine, and preemption under the California Uniform Trade Secrets Act, including whether it can apply when the plaintiff has not asserted a trade secret claim. This podcast is eligible for CA self-study CLE credit. Certificates of Attendance will not be issued. CA attorn...
Episode 16: California CLE Eligibility, the Tangibility of a Trade Secret, How Fast to Cut off Terminated Employee Access and More 29.01.2020 19:11
In this episode, we announce our California CLE eligibility, and discuss cases that address how tangible a trade secret must be, how fast to cut off terminated employees' access to confidential information and other issues. This podcast is eligible for CA self-study CLE credit. Certificates of Attendance will not be issued. CA attorneys are responsible for self-reporting the amount of time they li...
Episode 15: What Constitutes a Trade Secret, the Meaning of Misappropriation, and Uniform Trade Secret Act 'Preemption'. 15.01.2020 18:47
We're back for Season 2. In Episode 15, we discuss factors bearing on whether information is sufficiently 'unknown' to constitute a trade secret and examine the meaning of misappropriation. We also address the doctrine of trade secret 'preemption.' This podcast is eligible for CA self-study CLE credit. Certificates of Attendance will not be issued. CA attorneys are responsible for self-reporting...
Episode 14: The Year in Review 19.12.2019 35:41
In this episode, we recap useful decisions and takeaways from throughout the year. This podcast is eligible for CA self-study CLE credit. Certificates of Attendance will not be issued. CA attorneys are responsible for self-reporting the amount of time they listened. For all other jurisdictions, please contact your state's MCLE Board or Committee for guidance on their rules and regulations as it r...
Episode 13: Lettuce, Baseball and Circumstantial Evidence 04.12.2019 20:29
In this episode, we discuss what constitutes a trade secret and how it can be a combination of public and proprietary elements. We also address the value of circumstantial evidence in these cases. This podcast is eligible for CA self-study CLE credit. Certificates of Attendance will not be issued. CA attorneys are responsible for self-reporting the amount of time they listened. For all other juri...
Episode 12: Focusing Trade Secret Identification and Whether After-the-Fact Protections Work 19.11.2019 14:42
In this episode, we discuss two more cases that develop the key issue of trade secret identification, and a case addressing whether after-the-fact conduct can constitute reasonable measures to maintain secrecy. This podcast is eligible for CA self-study CLE credit. Certificates of Attendance will not be issued. CA attorneys are responsible for self-reporting the amount of time they listened. For a...
Episode 11: Major Decision on Statute of Limitations, the Continuing Evolution of Trade Secret Identification, and Protecting Your Trade Secrets in Public Proceedings 07.11.2019 24:28
In this episode, we welcome employment counseling attorney Vanessa Krumbein as co-host, and address a major case from the California Court of Appeal on statute of limitations. We also discuss trade secret identification in the context of a high-profile criminal case, and how to protect trade secrets from becoming public in court proceedings. This podcast is eligible for CA self-study CLE credit....
Episode 10: The Fact-Intensive Nature of Trade Secret Cases 23.10.2019 10:08
In this episode, we discuss how some of the most fundamental issues in trade secret cases—including whether something constitutes a trade secret, whether the owner's investment in the information at issue was significant enough, and whether secrecy protections were reasonable—can be fact-intensive and affect your litigation strategy. This podcast is eligible for CA self-study CLE credit. Certifica...
Episode 09 (Bonus Episode): Trade Secret or Patent Protection? 23.10.2019 24:37
In this episode, we discuss the differences between trade secrets and patents and what businesses should consider in choosing which protection to implement. This podcast is eligible for CA self-study CLE credit. Certificates of Attendance will not be issued. CA attorneys are responsible for self-reporting the amount of time they listened. For all other jurisdictions, please contact your state's...
Episode 08: Preemption, Proving Likelihood of Success After Unauthorized Mass Download, Federal Subject Matter Jurisdiction and Pre-DTSA Misappropriation 11.10.2019 25:24
In this episode, we discuss preemption of claims based on trade secret theft, how to establish likelihood of success to obtain injunctive relief following an unauthorized mass download of company information, the Defend Trade Secrets Act's subject matter jurisdiction requirement, and DTSA violations that began before DTSA's enactment. This podcast is eligible for CA self-study CLE credit. Certifi...
Episode 07: Soaring Litigation Costs, What to do About it, Proving That Your Asset is a Trade Secret, and Keeping it That Way 26.09.2019 37:01
In this episode, we discuss the increasing cost of trade secret litigation and what do to about it, how to establish that your asset is a trade secret and how to keep that status, a damages theory, and the choice between trade secret and patent protection. This podcast is eligible for CA self-study CLE credit. Certificates of Attendance will not be issued. CA attorneys are responsible for self-re...
Episode 06: What Trade Secret Identification Really Means, Consent to Disclosure and Sufficiency of Evidence 10.09.2019 21:27
In this episode, we discuss how "trade secret" identification is actually broader than it seems, the effect of consent to disclosure of trade secrets, and the sufficiency of evidence of misappropriation to survive summary judgment. This podcast is eligible for CA self-study CLE credit. Certificates of Attendance will not be issued. CA attorneys are responsible for self-reporting the amount of time...
Episode 05: Choice of Law, Trade Secret Identification, Supporting Independent Economic Value and More 28.08.2019 16:05
In this episode, we discuss choice of law in trade secret cases, trade secret identification and the varying standards applied, reasonable measures to maintain secrecy and supporting the independent economic value element. This podcast is eligible for CA self-study CLE credit. Certificates of Attendance will not be issued. CA attorneys are responsible for self-reporting the amount of time they lis...
Episode 04: Sovereign Immunity from Trade Secret Theft and What Courts Consider When Ruling on Trade Secret Status 15.08.2019 23:38
In this episode, we discuss narrow exceptions to the Foreign Sovereign Immunity Act, why two courts held that the plaintiffs did not sufficiently show that their information constituted trade secrets, and the ever-recurring issue of trade secret identification. We also welcome co-host, Kevin Cole. Link to disclosure statement here . This podcast is eligible for CA self-study CLE credit. Certif...
Episode 03: Trade Secret Identification, Irreparable Harm and More 01.08.2019 21:47
In this episode, we discuss trade secret identification, irreparable harm, reasonable measures to maintain secrecy and the meaning of independent economic value. Plus, Jena has a big announcement Link to disclosure statement here . This podcast is eligible for CA self-study CLE credit. Certificates of Attendance will not be issued. CA attorneys are responsible for self-reporting the amount of time...
Episode 02: Agency, Statute of Limitations, Inevitable Disclosure and More 16.07.2019 23:59
In this episode, we discuss the latest trade secret cases worth talking about, addressing agency principles, statute of limitations, the inevitable disclosure doctrine, trade secret identification and sovereign immunity. Link to disclosure statement here . This podcast is eligible for CA self-study CLE credit. Certificates of Attendance will not be issued. CA attorneys are responsible for self-re...
Episode 01: Pilot 25.06.2019 20:54
Hosts Greenberg Traurig Shareholder Jordan Grotzinger and Associate Jena MacCabe welcome you to the podcast! Link to disclosure statement here . Show notes: A trade secret is comprised of information that (1) is not generally known, (2) has independent economic value from its secrecy, and (3) is subject to reasonable efforts to maintain its secrecy. Misappropriation is (1) acquisition a trade secr...
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