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Trade secret misappropriation is a critical concern for businesses seeking to protect their most valuable and sensitive intellectual property. However, the path to litigation in trade secret cases requires a strategic approach, involving everything from identifying the theft, proving the misappropriation, and navigating complex legal frameworks. As businesses face increasing risks from cyber threats, employee departures, and competitor actions, a wellthought-out litigation strategy is more important than ever.


- Determine the current requirement for trade secret owner to exercise “reasonable efforts” (UTSA) or “reasonable measures” (DTSA) to protect the information.
- Understand the critical elements required to build a strong case in trade secret misappropriation.
- Learn about the steps involved in securing evidence and effectively proving misappropriation.
- Gain insights into how to prevent trade secret theft before it occurs and how to respond effectively if theft happens.
- Explore strategies for settling or resolving trade secret cases before they go to trial.
- Understand the key legal and practical issues involved in defending against trade secret misappropriation claims.
- Explore current trends on jury instructions during trade secret litigation cases.

Trade secret cases have continued to evolve in response to changing business environments, technological advancements, and legal frameworks. As we move further into 2024, several trends are emerging in trade secret litigation, influenced by factors such as globalization, digitalization, and the increasing complexity of intellectual property protection.

- Discover the latest legal updates in Motorola v. Hytera its subsequent effect on Beijing Meishe v. TikTok, 2024 on the
extraterritorial reach of DTSA
- Determine when can plaintiff can recover investment in R&D vs when on loss profits?
• Dissect case law in Pegasystems v. Appian and Echospan v. Medallia to seek out reasoning behind monetary remedies

Author:

Bridget Smith

Assistant General Counsel, IP
Relativity Space
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Bridget Smith

Assistant General Counsel, IP
Relativity Space

Author:

Ken Corsello

US Trade Secrets Counsel / Patent Licensing Counsel
IBM Corporation

Ken Corsello is an IP Law Counsel at IBM.  He currently focuses on drafting and negotiating patent licenses and assignment agreements.  At IBM, he has worked on patent procurement, litigation, client counseling, product clearance, and IP transactional matters. 

Before joining IBM, Ken was a law clerk to Chief Judge Glenn Archer at the Federal Circuit; an Associate Solicitor in the USPTO; and in private practice at law firms in Washington, D.C.  He did his undergraduate work in Computer Science at SUNY Stony Brook, received his JD from the Catholic University, and obtained an LL.M. from George Washington University. 

Ken has been the chair of IPO’s Trade Secrets Committee since 2016.  His recent presentations on trade secret law include participating in a panel at the USPTO’s “Trending Issues in Trade Secrets: 2019” symposium and as a witness on behalf of IPO at the 2018 hearing on “Safeguarding Trade Secrets in the United States” held by the U.S. House Committee on the Judiciary, Subcommittee on Courts, Intellectual Property, and the Internet. 

... read more

Ken Corsello

US Trade Secrets Counsel / Patent Licensing Counsel
IBM Corporation

Ken Corsello is an IP Law Counsel at IBM.  He currently focuses on drafting and negotiating patent licenses and assignment agreements.  At IBM, he has worked on patent procurement, litigation, client counseling, product clearance, and IP transactional matters. 

Before joining IBM, Ken was a law clerk to Chief Judge Glenn Archer at the Federal Circuit; an Associate Solicitor in the USPTO; and in private practice at law firms in Washington, D.C.  He did his undergraduate work in Computer Science at SUNY Stony Brook, received his JD from the Catholic University, and obtained an LL.M. from George Washington University. 

Ken has been the chair of IPO’s Trade Secrets Committee since 2016.  His recent presentations on trade secret law include participating in a panel at the USPTO’s “Trending Issues in Trade Secrets: 2019” symposium and as a witness on behalf of IPO at the 2018 hearing on “Safeguarding Trade Secrets in the United States” held by the U.S. House Committee on the Judiciary, Subcommittee on Courts, Intellectual Property, and the Internet. 

Author:

Tom Brown

Senior Managing Legal Director, Head of Intellectual Property Litigation
Dell
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Tom Brown

Senior Managing Legal Director, Head of Intellectual Property Litigation
Dell
 

Damon Gupta

Director, Patent Counsel
Spark Therapeutics, Inc

Damon Gupta is a Director, Patent Counsel at Spark Therapeutics, Inc., a leader in gene therapy and member of the Roche Group. With over a decade of experience in intellectual property (IP) law and a background in molecular biology, Damon advises biotechnology and pharmaceutical companies on patent strategy, IP transactions, and risk mitigation.

Read full bio

Damon Gupta

Director, Patent Counsel
Spark Therapeutics, Inc

Damon Gupta

Director, Patent Counsel
Spark Therapeutics, Inc

Damon Gupta is a Director, Patent Counsel at Spark Therapeutics, Inc., a leader in gene therapy and member of the Roche Group. With over a decade of experience in intellectual property (IP) law and a background in molecular biology, Damon advises biotechnology and pharmaceutical companies on patent strategy, IP transactions, and risk mitigation. At Spark, Damon leads efforts to protect proprietary assets, including trade secrets, manage IP disputes, and provides IP support to cross-functional teams, including R&D, manufacturing, and corporate transactions. Damon holds a J.D. from Chicago-Kent College of Law, an M.S. from Baylor College of Medicine, and a B.S. from The Ohio State University.

Author:

Gregory Bombard

Shareholder
Greenberg Traurig, LLP

Gregory S. Bombard is a trial lawyer whose practice focuses on trade secret litigation. Greg also handles other IP litigation and complex commercial disputes. His trade secret clients are primarily in high tech industries, including biotech, medical devices, software, robotics, fintech, and manufacturing. Greg is an author of the ABA’s Guide to Protecting and Litigating Trade Secrets, 2nd Ed., and co-chairs of the ABA’s Trade Secret Litigation Subcommittee. Greg is a shareholder in the Boston office of the international law firm Greenberg Traurig, LLP. He can be reached at [email protected]. 

... read more

Gregory Bombard

Shareholder
Greenberg Traurig, LLP

Gregory S. Bombard is a trial lawyer whose practice focuses on trade secret litigation. Greg also handles other IP litigation and complex commercial disputes. His trade secret clients are primarily in high tech industries, including biotech, medical devices, software, robotics, fintech, and manufacturing. Greg is an author of the ABA’s Guide to Protecting and Litigating Trade Secrets, 2nd Ed., and co-chairs of the ABA’s Trade Secret Litigation Subcommittee. Greg is a shareholder in the Boston office of the international law firm Greenberg Traurig, LLP. He can be reached at [email protected]. 

Author:

John Lee

Chief Counsel for Intellectual Property
U.S. House of Representatives, Committee on the Judiciary
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John Lee

Chief Counsel for Intellectual Property
U.S. House of Representatives, Committee on the Judiciary