Protecting Your Trade Secrets in Today’s Global Economy: Session 1 – Taking Action from the U.S. Against Trade Secret Theft Overseas

Morrison Foerster is pleased to invite you to attend session one of our three-part series discussing the strategies and remedies that are available in the United States, Europe, and Asia for protecting against international trade secret theft.

Session 1 Description

In an increasingly global world, where massive quantities of information can be taken across borders at the press of a few keys, international trade secret theft is more of a concern than ever before. Many people assume that overseas theft is beyond the reach of U.S. tribunals. But is it? This session will focus on the forums and remedies available within the United States to companies facing trade secret theft overseas.

Our panelists will discuss:

• Recent case law relating to international trade secret enforcement in U.S. courts
• The increasing popularity of the International Trade Commission (“ITC”) as a forum for trade secret cases
• Criminal remedies available in cases involving international misconduct

The session will be presented by accomplished MoFo litigators with a depth of experience navigating trade secret laws in various forums and across borders.

• Mark Whitaker (Partner, Washington, D.C.) – Mark is co-chair of the firm’s Global IP Litigation practice and has more than 30 years of experience crafting strategies in high-stakes trade secret litigation. He has extensive experience navigating proceedings through the ITC, district courts, and the Court of Federal Claims. Mark is a past president of the American Intellectual Property Law Association and serves on Law360’s Intellectual Property Editorial Advisory Board.
• Ken Kuwayti (Partner, Palo Alto) – Ken has more than 30 years of experience litigating complex intellectual property cases. He has successfully brought and defended dozens of trade secret cases in state and federal court, and in domestic and international arbitration, on behalf of leading global innovators.
• John Lanham (Partner, San Diego) – John focuses his practice on intellectual property and commercial litigation and regularly publishes on developments in the law. He brings his broad-based business litigation experience to bear on his clients’ most challenging disputes, and he has significant experience litigating trade secret matters for both plaintiffs and defendants.
• Kate Driscoll (Of Counsel, Washington, D.C.) – Kate is a former federal prosecutor and has extensive experience in a wide range of criminal and civil cases. She has litigated cross-border trade secret matters against international misappropriators, and led the criminal prosecution of one of the largest theft of trade secrets cases in United States history involving a leading multinational pharmaceutical company.

​​​​​​Coming Up Next

Stay tuned for the second and third sessions of our three-part program, which will discuss strategies for protecting against trade secret theft when drafting agreements and initiating enforcement proceedings in Europe and Asia.