Celesq® Attorneys Ed Center

The Defend Trade Secrets Act: Updates, Trends, And Analysis After Three Years of the DTSA

Program Number: 29160

Program Date: 09/19/2019

Description

It’s been three years since the DTSA was signed into law. Dave Donoghue, Steve Jedlinski, and Anthony Fuga of Holland & Knight look at how the DTSA has developed over the past few years. This webinar will delve into key features of the DTSA, what is considered a trade secret, best practices for clients, remedies under DTSA, recent appellate decisions interpreting DTSA, and a new focus on foreign espionage, including the DOJ’s China Initiative.

$95.00Online Audio Add to Cart

Available in states

California, Colorado Eligible, Georgia, New Jersey Eligible, New York, New York - BOTH New and Experienced Attorneys, Texas Self Study

Credit Information

50 minute credit hour - 1.0 General CLE credit, based on a 50 minute credit hour
60 minute credit hour - 1.0 General CLE credit, based on a 60 minute credit hour

State Program Numbers

Credit Eligible for Both New and Experienced Attorneys in NY

Presenters


R. David Donaghue, Esq.

Holland & Knight

R. David Donoghue is an established IP trial attorney with jury trial success and a strong track record across district courts, the Federal Circuit, and at the Patent Trial and Appeal Board. He serves as the leader of Holland & Knight's national Intellectual Property Group and is based in the firm's Chicago office.

Mr. Donoghue advises clients from major corporations to midsize businesses on technology disputes, such as patent, trade secret, trademark, copyright and Computer Fraud and Abuse Act (CFAA). Mr. Donoghue has been recommended in Intellectual Asset Management (IAM) Patent 1000 since 2014. The 2019 publication describes him as “A practical lawyer who gets right to the heart of any matter, David Donoghue really understands the most technical aspects of patent law. He is also great at figuring out how to win cases without spending a shed-load of his clients’ money.” He provides strong leadership to Holland & Knight’s national IP group.

Whether he is asserting his client's IP, defending against competitors, or fending off Non-Practicing Entities (NPE), Mr. Donoghue blends his deep litigation experience with practical business insight garnered from his in-house experience. As a founding member of Aptiv (f/k/a Delphi) Licensing and Litigation Group, he handled substantial international IP litigation and licensing matters.

Mr. Donoghue has served as an adjunct professor at the Loyola University Chicago School of Law, teaching legal research, writing and IP courses. At the beginning of his legal career, he served as a law clerk to the Honorable Gordon J. Quist, federal district judge for the U.S. District Court for the Western District of Michigan.
Mr. Donoghue is also the founder and principle author of the Chicago IP Litigationand Retail Patent Litigation blogs.

 

Anthony J. Fuga, Esq.

Holland & Knight

Anthony Fuga is a Chicago intellectual property litigator and represents clients – plaintiffs or defendants – in all forms of IP disputes. Mr. Fuga has represented clients in patent, trade secret, trademark, copyright and Computer Fraud and Abuse Act (CFAA) disputes.

Mr. Fuga's recent successes include:

• twice successfully arguing before the U.S. Court of Appeals for the Federal Circuit, obtaining affirmances for both clients
• successfully arguing a motion to dismiss a complaint of patent infringement because the patent was directed to patent-ineligible subject matter
• successfully negotiating the applicability of an indemnification provision
• winning a motion for judgment on the pleadings because the asserted patent was directed to patent-ineligible subject matter
• defeating a preliminary injunction after discovery in a trade dress and false advertising case
Mr. Fuga has experience with a wide range of technologies from computer systems and software to mechanical devices, and he is well-versed in all aspects of the litigation process, including depositions, dispositive motions, experts, trial proceedings and appeals.

In addition to IP litigation, Mr. Fuga also has experience representing clients in connection with breach of contract, commercial litigation, bankruptcy litigation and construction litigation.

He also has an active pro bono practice. Mr. Fuga was a member of the Chicago Pro Bono Team, which helped a Togolese refugee gain asylum in the United States.

Mr. Fuga serves as an editor and author for Holland & Knight's Section 101 Blog that features news and analysis concerning 35 U.S.C. § 101, including case law updates, news from the United States Patent and Trademark Office and potential legislative changes to Section 101.

 

Steven E. Jedlinski, Esq.

Holland & Knight

Steven E. Jedlinski is a trial lawyer whose national practice includes counseling clients regarding disputes related to all types of intellectual property. Mr. Jedlinski regularly practices in federal trial and appellate courts and in alternative dispute resolution proceedings around the country. As a registered attorney before the U.S. Patent and Trademark Office (USPTO), Mr. Jedlinski has experience in proceedings before the Patent and Trademark Trial and Appeal Boards (PTAB and TTAB). He is well versed in all facets of litigation, from preliminary injunction proceedings through trial and ultimately appeal.


Mr. Jedlinski's practice is distinguished by his technical knowledge, gained while earning a bachelor's degree in biomedical engineering; his extensive litigation experience; and his tenacious personality, which propelled him from a walk-on to a leadership role as a Big Ten collegiate athlete. He crafts and implements efficient strategies for achieving real business goals whether facing off against an industry competitor, a non-practicing entity or rogue former business partner. Leading companies in various industries, including medical devices, consumer products, telecommunications, electronics, financial services, hospitality and retail, value Mr. Jedlinski's breadth of knowledge and experience, as well as his successful track record for clients involved in significant patent, trademark, trade secret, copyright, unfair competition and false advertising matters.


His accomplishments include:


• defeating a preliminary injunction after significant discovery in a trade dress and false advertising case
• winning early dispositive motions invalidating patents based on ineligible subject matter
• receiving a covenant not to sue and voluntary dismissal from a patent owner for no monetary payment after the submission of extensive summary judgment briefing
• obtaining a consent judgment from a trademark infringer


In addition to his practice, Mr. Jedlinski writes and speaks on intellectual property issues and is one of the editors of Holland & Knight's Trade Secret Blog. He currently sits on the Advisory Board for Northwestern University's Biomedical Engineering Department. Mr. Jedlinski was a walk-on, four-year starter and captain of his collegiate soccer team, and he played in Major League Soccer's Reserve League.

 

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