Key Developments in Trade Secrets Law

In the highly competitive, knowledge-driven global marketplace, a company’s ability to protect its trade secrets has become critical to its success and survival. 

 

Join Proskauer’s distinguished speakers for an engaging discussion on the latest developments and trends impacting trade secrets law today. We will discuss reasonable measures for protecting trade secrets as well as pleading, identifying and defining trade secrets. Additionally, we will address how to determine and calculate damages (e.g., avoided costs and unjust enrichment theories, lost profits and royalties) and significant verdicts. The lawyers will also offer best practices for minimizing the risks.

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Baldassare (“Baldo”) Vinti chairs Proskauer’s Intellectual Property Litigation Group.

Baldo’s practice focuses on litigating patent, false advertising, trade secret, life sciences, trademark and contractual matters in federal and state courts and before the International Trade Commission. He is a seasoned trial attorney responsible for all aspects of litigation, including Markman hearings, appeals before the Federal Circuit, case preparation and strategy, depositions, motion practice, and settlement negotiations. He has represented clients in high-stakes matters involving a broad range of technologies, including medical devices, diagnostics, immunoassays, prosthetics, pharmaceuticals, dental implants, electronic medical records systems, encryption technology, wound dressings, digital video compression, electronic book delivery and security systems, mobile media technologies, navigation and location-based services, bandwidth management, bar code scanning, lasers, and other technologies. Baldo has represented numerous major corporations, including Arkema S.A., British Telecommunications PLC, Church & Dwight Co., Inc., Henry Schein, Inc., Maidenform Brands Inc., Mitsubishi Electric Corp., Ossur North America Inc., Panasonic Corp., Sony Corp., Welch Foods, Inc., and Zenith Electronics LLC.

 

In addition, Baldo regularly handles transactional work, including intellectual property due diligence, licensing, intellectual property structural transactions, patentability studies, infringement/non-infringement opinions, and client counseling in intellectual property matters.

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Pinny Goldberg is a senior counsel in the Labor & Employment Law Department and a member of the Whistleblowing & Retaliation and Wage & Hour Practice Groups. 

Pinny represents employers in a broad array of matters before federal and state courts, FINRA and other arbitration panels, and administrative agencies, including the EEOC and its state equivalents, and in pre-litigation negotiations. Matters he works on include discrimination and harassment, whistleblowing and retaliation, wage and hour, covenants not to compete, and tort and contract claims.  

 

As an experienced trial lawyer, Pinny has successfully litigated numerous cases from complaint through jury verdict or arbitral award. Notably, Pinny served as trial counsel to King & Spalding LLP in a widely publicized wrongful termination lawsuit brought by a former associate in which the jury returned a complete defense verdict on the seventh day of trial. 

In addition to handling litigation and dispute resolution, Pinny regularly advises clients on a wide variety of employment issues, including drafting, reviewing and revising handbooks and workplace policies. He also addresses questions and concerns related to hiring, wage and hour issues, employee leave, performance problems, terminations of employment, and separation agreements and releases. 

 

Pinny represents employers across a broad range of industries, including financial services, insurance, law firms, media and entertainment, professional sports, and higher education.

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Steven J. Pearlman is a partner in the Labor & Employment Law Department and Co-Head of the Whistleblowing & Retaliation Group and the Restrictive Covenants, Trade Secrets & Unfair Competition Group. 

Employment, Whistleblower, Restrictive Covenant and Trade Secret Practice. Steven’s practice focuses on defending companies in court and arbitration against claims of discrimination, retaliation and harassment, including claims brought by high-level executives; whistleblower retaliation; restrictive covenant violations; theft of trade secrets; and wage-and-hour violations (including class, collective and PAGA actions).
 
Illustrating his versatility, Steven has: successfully tried cases before juries in multiple jurisdictions; defended one of the largest Illinois-only class actions in the history of the U.S. District Court for the Northern District of Illinois; and prevailed following his oral arguments in matters of importance before the United States Court of Appeals for the Seventh Circuit and California state courts. In the restrictive covenant and trade secret arena, he has: secured one of the few ex parte seizure orders that have been issued under the Defend Trade Secrets Act; obtained a world-wide injunction in federal litigation against a high-level executive who jumped ship to a competitor; and obtained an order reducing a non-competition agreement to one-third of its original duration. And in the whistleblower arena, he has successfully defended claims before state and federal courts and at all levels of the U.S. Department of Labor (OSHA, OALJ, ARB). Steven brings his litigation experience to bear in regularly counseling clients to minimize risk and avoid or prepare for litigation.