Intellectual Life

Trade Secrets Institute

The Trade Secrets Institute (TSI) provides timely in-depth coverage of legal and business issues and critical analysis of decisions, legislation, and regulatory initiatives related to each case. Users can search the information by trade secrets issue, trade secrets subject matter, document type, or jurisdiction. The institute also provides access to state trade secrets statutes and related federal laws, and some of the seminal decisions on trade secrets law among many U.S. jurisdictions.

Visit the TSI website.

Past Events

TSI Symposium: Keeping Secrets from the Public (CLE program)

Thursday, February 15, 2018

About the Symposium
Trade secrets now play a central role in both the economy and public policy. Trade secret enforcement has grown to straddle the boundary between civil and criminal law. Meanwhile, algorithmic decision-making—often including secret proprietary code—is widely used in criminal prosecution and in everyday government services. This two-part discussion of recent developments in trade secret law will feature expert panelists who will examine the shifting balances between civil and criminal enforcement, and between secrecy and transparency in government.

Panel I: New Developments in Trade Secret Enforcement
2017 was a breakthrough year for trade secrets enforcement. Major misappropriation suits, including Waymo v. Uber, seized the attention of the tech industry and took a dramatic turn into criminal investigation. Courts began to interpret the provisions of the new Defend Trade Secrets Act. In this panel, leading practitioners will review recent developments in the enforcement landscape.

Panel II: Secrecy and Accountability in the Age of Algorithms
Algorithmic decision-making is now widely used by governments in areas from public funding to policing and criminal prosecution. The rise of algorithms has posed a new problem: When should the public have access to the code that affects their lives and freedom? Recent cases and legislation in New York have grappled with the balance between transparency for the public and trade secrecy for the creators of these proprietary processes. This panel will discuss the dilemmas of trade secrecy and accountability in public services.

View the agenda and panel participants.

Sponsored by the Trade Secrets Institute and the International Intellectual Property Society (IIPS)

Working Knowledge: Managing Employee Trade Secrets (CLE program)

Wednesday, February 15, 2017

About the Symposium
Protecting intellectual assets and human capital are critical in the information economy. The role of noncompete and trade secret law has never been more central—or more challenging. Please join us for a two-part discussion of trade secrets in the context of employment. Experts from government and private practice will examine employee mobility and noncompete agreements as well as data security, insider hacking, and social media.
Panel I: Noncompete Agreements: Reactions and Reform
Noncompete law has reached a tipping point. As noncompete agreements have spread to low-wage and professional employment alike, states and the federal government have begun to push back. State Attorneys General have intervened to contest the fairness of restrictions on employee mobility, while legislatures have moved toward reform and the White House has issued a “call to action.” This panel will consider the changing practice and policy of noncompetes today.
Panel II: Trusted Colleagues or Enemies Within? Employees and Trade Secrets
Managing information in the hands of employees is one of the central challenges faced by firms. Data vulnerabilities can arise from unintentional employee behavior (via phishing attacks) or through deliberate insider hacking. Whistleblower protections and employee social media complicate knowledge management even further. This panel will discuss how organizations can protect and enforce their interests in information.

View the agenda and panel participants.

TSI Symposium