In addition to our judicial dialogue, our program will cover a number of other engaging topics. Our dialogue leaders will discuss the current status of and outstanding issues regarding our four current drafting team projects. Specifically, we will be seeking member feedback and input on:
- Draft Commentary Review: What Is/Is Not Protectable As A Trade Secret? Within this panel, the dialogue leaders will explore whether confidential information is different from trade secrets, and how businesses distinguish trade secrets from “general skill, knowledge and experience?"
- Draft Commentary Review: Sharing Trade Secrets With Other Organizations. Here, the panel will discuss protecting trade secrets with contractual, physical and technological tools before, when and after they are shared, from the disclosing party's perspective and the receiving party's perspective.
- Draft Commentary Review: Forensics Issues In Trade Secret Disputes. Among other issues, on the agenda for this session will be pre-litigation forensic investigations, forensics in expedited discovery proceedings, the role of court-appointed/independent forensic neutrals, recommendations regarding initial disclosures and discovery of forensics, and forensic remediation as a remedy.
- Draft Commentary Review: Ethics and Trade Secret Disputes. In this session, the dialogue leaders will discuss, and solicit member comment and input about, the ethical issues arising in (1) representation of multiple clients, (2) the obligation not to assert a trade secrets claim or defense that lacks actual merit, (3) potentially misappropriated trade secrets, and (4) simultaneous criminal investigations and civil litigation.
You’ll also learn from sessions led by our in-house counsel members exploring their perspective on the importance and value of Sedona commentaries, and you’ll hear about proposed new topics to be explored by future brainstorming groups. You’ll also have an opportunity to offer your own ideas on subject areas WG12 should explore. WG12 leadership will lead a discussion of where WG12 has been and where it plans to go in the future. And to broaden our focus, the dialogue leaders in this international session will explore emerging issues concerning trade secrets across international borders, including extraterritoriality and cross-border discovery considerations.
Our WG12 dialogue leaders and the detailed and timed agenda for the sessions are available below. We look forward to seeing you in Reston!
We will seek CLE accreditation for this event in selected jurisdictions as dictated by attendance.
Our room block at the Hotel has expired and the Hotel has sold out of standard guest rooms. We understand that the Hotel may still have some deluxe rooms and suites available. If the Hotel does not have a guest room to your liking, there are a number of other hotels only a mile or two away.