Implementing and Interpreting the Defend Trade Secrets Act of 2016

2017 CIPE/BETR Symposium

Overview

Trade Secrecy

With its common law origin, trade secrecy has long been an integral layer of intellectual property protection. Trade secrets are broadly defined as confidential business information whose secrecy provides an operator with economic advantage. These may include technological information that overlaps with patent rights such as manufacturing techniques or software code, but trade secret protections also extend to pure business information such as customer lists and proft margin information that are not protectable under other IP regimes. The use of “improper” means to uncover another’s trade secret is ordinarily deemed an actionable misappropriation under both civil and criminal law. Most trade secret cases involve situations where an employee has left to join (or found) a competitor. Those cases draw in employment and contract law issues and challenge the fundamental nature of a competitive market.

Defend Trade Secrets Act

In 2016, a bipartisan majority of Congress enacted the Defend Trade Secrets Act (DTSA) that provides for a federal civil cause of action for trade secret misappropriation as an additional layer to the individual state rights already in existence, as well as for a new seizure order mechanism. Many factors remain unclear. How does the new law integrate with other state law doctrines after considering the federal supremacy clause of the U.S. Constitution; how will the seizure orders be implemented; while overlapping, are the federal trade secret rights distinct from state rights; can the federal trade secrecy rights also protect individual privacy?

Location

All events will be held in Hulston Hall on the University of Missouri campus. Convenient parking is located two blocks west of Hulston Hall in Turner Avenue Garage. Directions and detailed parking information are available at law.missouri.edu/about/directions.

Cost and Registration

This event is free and open to the public. Registration is requested but not required. To register, please call 573-882-5969.

Continuing Legal Education Credit

The symposium is approved for 4.6 hours of mandatory continuing legal education credit in the state of Missouri.

Symposium Program

Featured Speakers include Berkeley Law Professor Peter Menell and Trade Secrets Expert Mark Halligan (among others). We are excited about our dynamic keynote speaker Professor Orly Lobel from the University of San Diego. Professor Lobel is the author of the great book Talent Wants to Be Free. The event is also sponsored by our new journal BETR (Business Entrepreneurship and Tax Law Review). The focus is partially on protecting information – but also only employment law and competition issues that ensue.

March 10, 2017
8:25 a.m. Welcome
Continental breakfast will be provided
8:35 a.m. Panel One: Setting the Stage and Creating the Act

R. Mark Halligan
Partner
FisherBroyles
Chicago, Ill.

Dennis D. Crouch
Co-Director of the Center for Intellectual Property & Entrepreneurship
Associate Professor of Law
University of Missouri School of Law

10:05 a.m. Break
10:15 a.m. Panel Two: Domestic and International Impacts

Peter Menell
Koret Professor of Law
Co-Director of the Berkeley Center for Law & Technology
University of California, Berkeley School of Law

Yvette Joy Liebesman
Professor of Law
Saint Louis University School of Law

Robin Effron
Professor of Law
Co-Director of the Dennis J. Block Center for
the Study of International Business Law Brooklyn Law School

11:45 a.m. Lunch
Lunch will be provided
1:00 p.m. Keynote Address – Secrecy and Market Power: Aligning Trade Secret Law with Innovation and Competition in Contemporary Markets

Orly Lobel
Don Weckstein Professor of Labor and Employment Law
University of San Diego School of Law

Introducing the Business, Entrepreneurship & Tax Law Review

The Business, Entrepreneurship & Tax Law Review is the University of Missouri School of Law’s newest academic journal. As its name suggests, the journal publishes articles on intellectual property, taxation, banking and finance, and regulatory issues, with special attention to current national trends.

The Business, Entrepreneurship & Tax Law Review publishes fall and spring issues each year, consisting of articles and white papers by practitioners, legal scholars and students. In addition, the journal will publish white papers and blog posts on its website, law.missouri.edu/betr.

Currently, the journal’s editorial board is accepting articles and white papers for the Fall 2017 and Spring 2018 publications. Papers are accepted on a rolling basis and should be submitted through Expresso or by emailing mulawbetr@missouri.edu.

About the Center for Intellectual Property & Entrepreneurship

The Center for Intellectual Property & Entrepreneurship at the University of Missouri School of Law promotes faculty symposia and scholarship in all areas involving law and innovation, and develops curricular and extracurricular programming to prepare law students to participate in entrepreneurial and innovation communities. The center also supports the law school’s Office of Career Development in identifying externships, summer positions and full-time jobs within the center’s focus area, and collaborates with campus and community members to generate resources that will increase and promote innovation and entrepreneurship. The center’s focus resides not just on intellectual property, business and finance, but on the intersection of science, technology, engineering and math (STEM) issues.

The law school also offers an Entrepreneurship Legal Clinic, which represents early-state businesses and helps guide them past the legal barriers faced by many new ventures.