The rise in cyber threats is putting companies at risk of losing trade secrets and other intellectual property assets that are integral to competitive edge, revenues and reputation. Many companies, however, are unsure about how to shore up their IP and trade secret protection programs to thwart potential risks and losses.
In this two-hour LIVE Webcast, a panel of distinguished professionals and thought leaders organized by The Knowledge Group will help the audience understand the important aspects of Securing Trade Secrets and Intellectual Property Against Cyberattack. They will provide an in-depth discussion of the critical issues and best practices with respect to this noteworthy topic. Speakers will also share helpful tips in developing and implementing data security programs while ensuring compliance with applicable laws.
Some of the major topics that will be covered in this course are:
IP and Trade Secrets Protection
Key Challenges and Vulnerabilities
Data Security Policies
Risk Identification and Mitigation
Best Regulatory Remedies
To view the webcast go to this link: https://youtu.be/neZTheov8LU
To learn more about the webcast please visit our website: http://theknowledgegroup.org
Corporate Bankruptcy: Significant Issues for 2014 and Beyond LIVE WebcastThomas LaPointe
In a volatile and unpredictable economic environment, companies and industry watchers must be in the know with respect to the latest trends and issues in corporate bankruptcy. The Knowledge Group is assembling a panel of practitioners and thought leaders to offer insights and key takeaways. In a two-hour live webcast, speakers will address:
- Bankruptcy System: An Overview
- Recent Bankruptcy Cases and Lessons Learned
- Bankruptcy and Restructuring Litigation
- The Timeline For Bankruptcy Filings and Steps Involved
- Alternatives to Bankruptcy
- Secured claims and claim priorities
- Bankruptcy and Unexpired Leases, Executory, and Other Contracts
- Preference and Fraudulent Transfer Avoiding Powers and How Prosecute and Defend Them
- The Chapter 11 Plan: Drafting, Solicitation and Confirmation
- Procedural Requirements For Debtors, Creditors and Their Attorneys In Bankruptcy
- Bankruptcy Professionals and The Requirements For Their Employment and Compensation
- The Company After Bankruptcy
- Up-to-the-Minute Regulatory Updates
- Private equity and insolvent portfolio companies
- Healthcare in bankruptcy
This course is a must attend for attorneys who want to learn or re-learn how to counsel their clients on corporate bankruptcy issues in the most effective manner.
To view the webcast go to this link : http://youtu.be/9pLjh3OxABE
To learn more about the webcast please visit our website: http://theknowledgegroup.org/
Is Your Client Tax-smart Ready to Become a Legal Permanent Resident?Thomas LaPointe
Many non-resident alien individuals from around the world hope to invest and reside in the United States. The U.S., which is one of the few countries that taxes its citizens and residents based upon their worldwide income, also taxes non-resident aliens on income derived from within the U.S., including income from a U.S. trade or business and income from certain investments in U.S. property. Very often, immigrating residents are unfamiliar with the country’s tax laws, including what they will face upon obtaining their resident status. This lack of knowledge often leads immigrants to pay unnecessary taxes and exposes them to greater liabilities.
In a two-hour LIVE Webcast, a panel of key thought leaders and practitioners assembled by The Knowledge Group will offer an overview and discussion of pre-immigration tax planning. Join us to hear some of the country’s leading attorneys and skilled tax professionals give advice on federal tax policies, regulations, and requirements for residence applicants. Speakers will also provide a checklist of the best practices to avoid common tax problems.
Some of the major topics that will be covered in this course are:
Immigration and Non-Immigration Options for Highly Skilled Workers and Wealthy International Investors Leading to Tax Planning
U.S. Federal Government Major Taxes
Pre-Immigration Tax Planning: An Overview
Planning to Reduce Future U.S. Income Tax
Planning to Reduce Future U.S. Estate & Gift Tax
Possible Sanctions for Non-Compliance
To view the webcast go to this link:
To learn more about the webcast please visit our website: http://theknowledgegroup.org
Knowledge Congress Revenue Recognition Webcast - Sep. 5, 2012Brian Marshall
Revenue recognition remains to be a topic of perennial interest in 2012 as it affects almost all companies. In an effort to resolve incongruent accounting standards and practices on revenue recognition, FASB and IASB have proposed new revenue recognition standards through an Exposure Draft in 2011. These new standards, if enacted, would result in the most broad reaching and fundamental changes to the recognition of revenue in businesses moving forward.
The Knowledge Group is producing a two-hour LIVE webcast to help companies gain a complete understanding of the nuts and bolts of the proposed standards and its potential impact on their businesses. Changes to Revenue Recognition in 2012 is a must attend event for accountants, finance executives and managers, corporate attorneys and other related professionals.
Decoding the Data Breach Framework: How to Prevent Exfiltration LIVE WebcastThomas LaPointe
In today’s fast evolving cybersecurity backdrop, maintaining an up-to-date and efficient data breach security has been a tough challenge for companies all over the world. Data attackers are no longer particular with the size of their target and may attack at any moment. Effective detection and prevention of data breach or any form of illegal release of data and information from a company’s system, requires robust security system and close-monitoring from the top level management.
In a two-hour LIVE Webcast, a notable panel of thought leaders and professionals assembled by The Knowledge Group will offer the audience with an in-depth discussion of the fundamental aspects of a data breach. The panel will also provide the audience with the best practices to avoid common risk and pitfalls in a data breach.
Key topics include:
The Anatomy of a Breach
Risks and Legal Challenges in Data Breach
Data Exfiltration Methods
Identifying, Detecting and Preventing Data Breach
Recent Trends and Developments
To view the webcast go to this link: https://youtu.be/d-QbhiToGLs
To learn more about the webcast please visit our website: http://theknowledgegroup.org
January 23, 2017
The Fifth Annual Health Law Year in P/Review symposium featured leading experts discussing major developments during 2016 and what to watch out for in 2017. The discussion at this day-long event covered hot topics in such areas as health policy under the new administration, regulatory issues in clinical research, law at the end-of-life, patient rights and advocacy, pharmaceutical policy, reproductive health, and public health law.
The Fifth Annual Health Law Year in P/Review was sponsored by the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School, Harvard Health Publications at Harvard Medical School, Health Affairs, the Hastings Center, the Program On Regulation, Therapeutics, And Law (PORTAL) in the Division of Pharmacoepidemiology and Pharmacoeconomics at Brigham and Women’s Hospital, and the Center for Bioethics at Harvard Medical School, with support from the Oswald DeN. Cammann Fund.
Learn more on our website: http://petrieflom.law.harvard.edu/events/details/5th-annual-health-law-year-in-p-review
On March 14, 2013, Knobbe Martens Partner Carol Pitzel Cruz presented at the 24th C5 Forum on Biotech Patenting 2013. The presentation was titled "The Red Flags Every Patent Attorney Needs to Know to Successfully Navigate the Regulatory Landscape for Biosimilars" and Pitzel Cruz covered the U.S. law.
Her presentation analyzed the key features of the new Food and Drug Administration guidelines for American biosimilar approval under the Biologics Price Competition and Innovation Act.
Corporate Bankruptcy: Significant Issues for 2014 and Beyond LIVE WebcastThomas LaPointe
In a volatile and unpredictable economic environment, companies and industry watchers must be in the know with respect to the latest trends and issues in corporate bankruptcy. The Knowledge Group is assembling a panel of practitioners and thought leaders to offer insights and key takeaways. In a two-hour live webcast, speakers will address:
- Bankruptcy System: An Overview
- Recent Bankruptcy Cases and Lessons Learned
- Bankruptcy and Restructuring Litigation
- The Timeline For Bankruptcy Filings and Steps Involved
- Alternatives to Bankruptcy
- Secured claims and claim priorities
- Bankruptcy and Unexpired Leases, Executory, and Other Contracts
- Preference and Fraudulent Transfer Avoiding Powers and How Prosecute and Defend Them
- The Chapter 11 Plan: Drafting, Solicitation and Confirmation
- Procedural Requirements For Debtors, Creditors and Their Attorneys In Bankruptcy
- Bankruptcy Professionals and The Requirements For Their Employment and Compensation
- The Company After Bankruptcy
- Up-to-the-Minute Regulatory Updates
- Private equity and insolvent portfolio companies
- Healthcare in bankruptcy
This course is a must attend for attorneys who want to learn or re-learn how to counsel their clients on corporate bankruptcy issues in the most effective manner.
To view the webcast go to this link : http://youtu.be/9pLjh3OxABE
To learn more about the webcast please visit our website: http://theknowledgegroup.org/
Is Your Client Tax-smart Ready to Become a Legal Permanent Resident?Thomas LaPointe
Many non-resident alien individuals from around the world hope to invest and reside in the United States. The U.S., which is one of the few countries that taxes its citizens and residents based upon their worldwide income, also taxes non-resident aliens on income derived from within the U.S., including income from a U.S. trade or business and income from certain investments in U.S. property. Very often, immigrating residents are unfamiliar with the country’s tax laws, including what they will face upon obtaining their resident status. This lack of knowledge often leads immigrants to pay unnecessary taxes and exposes them to greater liabilities.
In a two-hour LIVE Webcast, a panel of key thought leaders and practitioners assembled by The Knowledge Group will offer an overview and discussion of pre-immigration tax planning. Join us to hear some of the country’s leading attorneys and skilled tax professionals give advice on federal tax policies, regulations, and requirements for residence applicants. Speakers will also provide a checklist of the best practices to avoid common tax problems.
Some of the major topics that will be covered in this course are:
Immigration and Non-Immigration Options for Highly Skilled Workers and Wealthy International Investors Leading to Tax Planning
U.S. Federal Government Major Taxes
Pre-Immigration Tax Planning: An Overview
Planning to Reduce Future U.S. Income Tax
Planning to Reduce Future U.S. Estate & Gift Tax
Possible Sanctions for Non-Compliance
To view the webcast go to this link:
To learn more about the webcast please visit our website: http://theknowledgegroup.org
Knowledge Congress Revenue Recognition Webcast - Sep. 5, 2012Brian Marshall
Revenue recognition remains to be a topic of perennial interest in 2012 as it affects almost all companies. In an effort to resolve incongruent accounting standards and practices on revenue recognition, FASB and IASB have proposed new revenue recognition standards through an Exposure Draft in 2011. These new standards, if enacted, would result in the most broad reaching and fundamental changes to the recognition of revenue in businesses moving forward.
The Knowledge Group is producing a two-hour LIVE webcast to help companies gain a complete understanding of the nuts and bolts of the proposed standards and its potential impact on their businesses. Changes to Revenue Recognition in 2012 is a must attend event for accountants, finance executives and managers, corporate attorneys and other related professionals.
Decoding the Data Breach Framework: How to Prevent Exfiltration LIVE WebcastThomas LaPointe
In today’s fast evolving cybersecurity backdrop, maintaining an up-to-date and efficient data breach security has been a tough challenge for companies all over the world. Data attackers are no longer particular with the size of their target and may attack at any moment. Effective detection and prevention of data breach or any form of illegal release of data and information from a company’s system, requires robust security system and close-monitoring from the top level management.
In a two-hour LIVE Webcast, a notable panel of thought leaders and professionals assembled by The Knowledge Group will offer the audience with an in-depth discussion of the fundamental aspects of a data breach. The panel will also provide the audience with the best practices to avoid common risk and pitfalls in a data breach.
Key topics include:
The Anatomy of a Breach
Risks and Legal Challenges in Data Breach
Data Exfiltration Methods
Identifying, Detecting and Preventing Data Breach
Recent Trends and Developments
To view the webcast go to this link: https://youtu.be/d-QbhiToGLs
To learn more about the webcast please visit our website: http://theknowledgegroup.org
January 23, 2017
The Fifth Annual Health Law Year in P/Review symposium featured leading experts discussing major developments during 2016 and what to watch out for in 2017. The discussion at this day-long event covered hot topics in such areas as health policy under the new administration, regulatory issues in clinical research, law at the end-of-life, patient rights and advocacy, pharmaceutical policy, reproductive health, and public health law.
The Fifth Annual Health Law Year in P/Review was sponsored by the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School, Harvard Health Publications at Harvard Medical School, Health Affairs, the Hastings Center, the Program On Regulation, Therapeutics, And Law (PORTAL) in the Division of Pharmacoepidemiology and Pharmacoeconomics at Brigham and Women’s Hospital, and the Center for Bioethics at Harvard Medical School, with support from the Oswald DeN. Cammann Fund.
Learn more on our website: http://petrieflom.law.harvard.edu/events/details/5th-annual-health-law-year-in-p-review
On March 14, 2013, Knobbe Martens Partner Carol Pitzel Cruz presented at the 24th C5 Forum on Biotech Patenting 2013. The presentation was titled "The Red Flags Every Patent Attorney Needs to Know to Successfully Navigate the Regulatory Landscape for Biosimilars" and Pitzel Cruz covered the U.S. law.
Her presentation analyzed the key features of the new Food and Drug Administration guidelines for American biosimilar approval under the Biologics Price Competition and Innovation Act.
Webinar Slides: Critical Steps to Keep your BSA Program CurrentPneuron
The Bank Secrecy Act (BSA) has caused dramatic operational change. Its objective and the substantial financial scrutiny on the ongoing cost of compliance and the draconian impacts of non-compliance have remained largely the same. However, the market and environment the BSA Officer operates in has changed markedly in the last few years. As a result, the execution and effective management of the BSA program needs to constantly evolve and align as the market, its adversaries and the financial institution change. This presentation provides BSA Officers, BSA teams and Regulators with a comprehensive overview of modern-day BSA programs and the tools needed to optimize them.
B&B Hardware v. Hargis: Decision and Impact on Trademark Prosecution and Enfo...Thomas LaPointe
The U.S. Supreme Court in March 2015 has delivered a significant decision in B&B Hardware, Inc. v. Hargis Industries, Inc. The Court affirms that the Trademark Trial and Appeal Board (TTAB) rulings on the likelihood of confusion of trademarks may have a binding, preclusive effect on later Federal Court trademark infringement proceedings so long as the ordinary elements of issue preclusion are met, and the usages adjudicated by the TTAB are materially the same as those before a district court.
This case could substantially impact not only trademark enforcement strategies, but also the clearance of trademarks and prosecution strategies before the United States Patent and Trademark Office (USPTO).
In this two-hour LIVE Webcast, a panel of key thought leaders and practitioners assembled by The Knowledge Group will review the B&B Hardware v. Hargis case and will explain the significance and possible repercussions of the rulings and how brand owners can safeguard their trademarks in the future. Speakers will also provide best practices in developing and implementing effective trademark protection strategies to protect against infringement.
Key issues that will be covered in this course are:
B&B Hardware, Inc. v. Hargis Industries, Inc.
Trademark Trial and Appeal Board (TTAB) Rulings
Preclusive Effect: An Overview
Coverage and Limitation
U.S. Trademark Application
Likelihood of Confusion
Changes and Implications for Practitioners
Risks and Pitfalls in Trademarks
Infringement Mitigation Strategies
To view the webcast go to this link: https://youtu.be/aVox4JrSIkw
To learn more about the webcast please visit our website: http://theknowledgegroup.org
FINRA Supervision Rules: What You Need to Know in 2015 LIVE WebcastThomas LaPointe
In this two-hour LIVE webcast, a panel of distinguished professionals and thought leaders will help broker/dealers and financial advisors implement the new FINRA rules. They will discuss important new provisions of the new FINRA consolidated supervision rules and discuss best practices.
Key topics include:
• Supervision (New FINRA Rule 3110)
• Supervisory Control System (New FINRA Rule 3120 )
• Holding Customer Mail (New FINRA Rule 3150 )
• Tape Recording of Registered Persons by Certain Firms (New FINRA Rule 3170 )
And a lot more!
To view the webcast go to this link: http://youtu.be/IPmdXnS0WIE
To learn more about the webcast please visit our website: http://theknowledgegroup.org
Real Estate Crowdfunding: Latest Trends and Developments LIVE WebcastThomas LaPointe
In the year 2015, according to a research and advisory firm, crowdfunding platforms in real estate investment have generated about $34.4 billion and is conservatively expected to greatly increase this year. The rapid growth has been spurred by a number of regulatory amendments made by SEC, thus, allowing companies to offer and sell securities through crowdfunding. The recent approval of the JOBS Act's Title III rules is expected to generate new activity for real estate crowdfunding.
In this LIVE Webcast, a seasoned panel of thought leaders and professionals brought together by The Knowledge Group will provide the audience with an in-depth discussion of the fundamentals as well as recent developments in Real Estate Crowdfunding.
Key topics include:
Real Estate Crowdfunding Platform
Recent Trends and Developments in Real Estate Crowdfunding
Five Key Areas of Commercial Real Estate
Restrictions on Real Estate Crowdfunding
Scope and Limitation
To view the webcast go to this link: https://youtu.be/8IqGese6OMg
To learn more about the webcast please visit our website: http://theknowledgegroup.org
The U.S.-China Business Relationship – The Most Important Issues: A Complex B...Thomas LaPointe
The relationship between the U.S. and China is the most important in the world. Whether the two nations can co-exist may be a significant political and economic challenge.
Under President Xi Jinping, China’s policy is changing quickly, with greater consolidation of power and more strategic economic and market reforms. There is interest in taking some limited measures to control state enterprises, but not to reduce the power of the Communist party.
China faces formidable challenges from environmental degradation, internal dissent, and changing demography due to the ‘one-child per family’ policy. Tension between China and the U.S. increases regarding numerous issues such as the instability of North Korea, maritime security in the South China Sea, human rights, data and information theft, cyber-attacks, and trade disagreements.
Many specific, contentious issues exist. Among these, the Chinese government has invested in many Western firms, such as Dalian Wanda’s acquisition of AMC, and it is unclear whether the U.S. Committee on Foreign Investment might obfuscate further investment. The Chinese government has been trying to control corruption, and securities violations thereby affecting domestic and foreign companies. Antimonopoly review of transnational mergers by China’s Ministry of Commerce has become a significant consideration in global M&A transactions, and many foreign companies operating in China have faced antimonopoly investigations and private litigation over their pricing and licensing practices, raising concerns that the Antimonopoly Law is being used for industrial policy reasons, rather than to promote competitive markets in China. Although China has some intellectual property (IP) protection policies for foreign multi-nations, it has a long-standing reputation as a haven for violators of IP law and deep concerns remain as stated recently by the Assistant US Trade Representative for Intellectual Property and Innovation in a report on behalf of the US-China Business Council . Many Chinese students who studied in the United States now are senior government or business officials in China. US law previously did not affect China too substantially. However, many Chinese companies now are affected by far-reaching U.S. laws, regulations, investigations, or litigation. Perception of political and economic bias in the US review of mergers or in application of U.S. laws such as FCPA have resulted in reciprocal, retaliatory actions by China.
To view the webcast go to this link: http://youtu.be/o9f-3a4RJok
To learn more about the webcast please visit our website: http://theknowledgegroup.org
FinCEN’s Anti-Money Laundering Developments: A 2015 Update LIVE WebcastThomas LaPointe
In August 2014, the Financial Crimes Enforcement Network (FinCEN) of the U.S. Treasury published a proposed Anti-money Laundering (AML) rule that would require financial institutions, subject to Customer Identification Procedures (CIP), to identify beneficial owners of legal entity customers and subject them to customer due diligence. This includes banks, securities brokers and dealers, mutual funds, futures commission merchants, and others. This CLE course offers participants an overview of the latest trends and best practices with respect to FinCEN’s new rule on Anti-Money Laundering and other developments in BSA/AML enforcement. A panel of thought leaders and practitioners assembled by The Knowledge Group will help firms better understand how to advise clients about application of the new rules in their businesses.
The Knowledge Group has assembled a panel of key thought leaders to provide the audience with an in-depth over-view, analysis, and discussion of FinCEN’s new rule on Anti-Money Laundering and developments in BSA/AML enforcement.
Key issues include that will be covered in this course are:
Anti-money Laundering
Proposed Rules for Financial Transparency
FinCEN Advisories on AML Compliance
Trade-based Money Laundering
Identifying Customers
Identifying Beneficial Owners
Reporting Initiative on Cross-Border Cash Couriers
Recent Enforcement Actions
Compliance and Litigation Risks
To view the webcast go to this link: http://youtu.be/7MNt-5su2LU
To learn more about the webcast please visit our website: http://theknowledgegroup.org
The FDA's Cybersecurity Enforcement: Patient Care and Medical Cybersecurity I...Thomas LaPointe
Vague requirements and a hot button political issue make for a volatile mixture as industry members try to comply with the U.S. Food & Drug Administration’s (FDA) cybersecurity requirements. The Agency, to date, has released four guidance documents outlining its proposed approach to cybersecurity enforcement, but has yet to demonstrate the degree of its resolve through enforcement activity. By taking apart and analyzing recent FDA action, the panel will inform viewers about the nuts and bolts of cybersecurity compliance.
FDA has made clear that health care facilities need to reassess their information security programs and ensure that these programs are comprehensive and updated. Applicable cybersecurity measures should also be taken to be able to address the vulnerabilities identified in the alert. Similarly, manufacturers of medical devices should carefully evaluate their products for potential security exposures. They should also offer security patches or, if needed, replacement products to their customers and ensure cybersecurity integration to product development.
In a two-hour LIVE webcast, a panel of distinguished professionals and thought leaders assembled by The Knowledge Group will provide guidance and suggestions to assist the healthcare industry in understanding the important aspects of this significant topic. They will provide an in-depth discussion of the FDA’s cybersecurity enforcement and its implications to the healthcare industry. Speakers will also offer best practices in developing and implementing effective information security programs in light of the most recent cybersecurity news.
Key topics include:
The FDA Cybersecurity Enforcement – An Overview
Cybersecurity Vulnerabilities of Medical Devices
Implications to Healthcare Facilities and Medical Device Manufacturers
Best Information Security Practices
Regulatory Forecasts
To view the webcast go to this link: https://youtu.be/BfH2S__-t0w
To learn more about the webcast please visit our website: http://theknowledgegroup.org
Anti-Corruption Compliance and Enforcement: Key Developments in 2016 & Beyond...Thomas LaPointe
The heightened domestic crusades against corruption imply a clear message: aggressive enforcement actions across borders is on the horizon. Increased parallel enforcement actions are also expected to take place engaging multiple jurisdictions against multinational entities. In this light, enforcement authorities are encouraging companies to closely monitor the effectiveness of their policies and procedures and ramp up their compliance strategies to mitigate future legal risks and challenges.
In a two-hour LIVE Webcast, a seasoned panel of thought leaders, professionals and practitioners brought together by The Knowledge Group will provide the audience with an in-depth discussion of the fundamentals as well as recent regulatory developments relating to Anti-Corruption Compliance and Enforcement. Speakers will also present their expert thoughts and opinions on how to establish and maintain an effective and efficient anti-corruption enforcement program.
Key topics include:
Anti-Corruption Enforcement - An Overview
Foreign Corrupt Practices Act
Compliance Requirements
Recent Trends in Anti-Corruption Enforcement
Key Risk Areas
Impacts and Implications of Anti-Corruption Enforcement
The New Anti-Corruption Squad
Up-to-the-minute Regulatory Developments
To view the webcast go to this link: https://youtu.be/GY58FsUIy7A
To learn more about the webcast please visit our website: http://theknowledgegroup.org
Cyber Threat Intelligence: Knowing What Specific Threats Your Business Should...SurfWatch Labs
By using Cyber Threat Intelligence, organizations can understand what specific threats they face and use these insights to drive the most effective defense.
Fraud-on-the-Market Theory: Significant Issues and Updates for 2014 and Beyon...Thomas LaPointe
In a two hour live webcast, a panel of thought leaders and practitioners assembled by The Knowledge Group will discuss the significant and latest issues related to the Fraud-on-the-Market (FOTM) Theory.
Key issues include that will be covered in this course are
Fraud-on-the-Market Theory: an overview
Relevant cases and court decisions
Latest regulatory updates
Guidance on how to use FOTM effectively
To view the webcast go to this link: http://youtu.be/skVMxldWQB8
To learn more about the webcast please visit our website: http://theknowledgegroup.org
Cyber Security and Data Privacy: Views on Article III Standing LIVE WebcastThomas LaPointe
As cyber security and data privacy concerns continue to evolve, security experts must keep themselves up to date to combat increasingly sophisticated threats to protect their firms and clients. In a two-hour LIVE webcast, a panel of distinguished professionals will address significant issues that will shape up cyber security and data privacy in 2014 along with practical guidance. Our speakers will address the following key issues:
Article III Standing
Latest theories of liability arising out of data breaches and claims of invasion of privacy
Issues surrounding cyber security and data privacy
Best practices to counteract cyber security and data privacy threats
Latest regulatory updates
To view the webcast go to this link: http://youtu.be/Kkyieu9njdw
To learn more about the webcast please visit our website: http://theknowledgegroup.org
Final Wellness Regulations: What You Need to Know LIVE WebcastThomas LaPointe
Recently, the Department of Health and Human Services (DHHS) issued final wellness regulations governing health- out-come-based wellness programs increasing rewards to up to 50 percent for healthy activity such as smoking cessation. The new regulations were published on June 3, 2013 and become effective on January 1, 2014 (or upon renewal after January 1, 2014). As compliance date draws near, companies should have a complete and thorough understanding of the final rules to avoid potentially steep penalties.
The Knowledge Group has assembled a panel of key thought leaders and practitioners to provide the audience with an in-depth analysis of the Final Wellness Regulations. In a two-hour live webcast, speakers will discuss:
- Recent Developments and Key Changes on Final Wellness Regulations
- Enforcement of and Compliance with the Final Rules
- Impact of the Final Rules
- Penalties and Exemptions
- Best Practices in Compliance
- Up to the Minute Regulatory Changes
To view the webcasts go to this link: http://youtu.be/Kn7zwS-jdbU
To learn more about the webcast visit our website: http://theknowledgegroup.org/
U.S. Trade Controls: What You Need to Know in 2014 LIVE WebcastThomas LaPointe
In a two hour live webcast, a panel of thought leaders and practitioners assembled by the Knowledge Group will discuss the latest issues regarding U.S. trade controls. Speakers will help firms better understand recent legal developments that impact their ability to conduct business overseas and develop sound strategies for trade controls compliance.
To view the webcast go to this link: http://youtu.be/FTeH0Zp6JHA
To learn more about the webcast please visit our website: http://theknowledgegroup.org/
Cyber Liability Insurance: An Essential and Urgently Needed Business InvestmentThomas LaPointe
Cyber Liability Insurance is a relatively new product that is developing rapidly due to increasing frequency and sophistication of cyber-attacks. Stricter regulation and enforcement of cyber crime are making purchase of Cyber Liability & Data Risk Insurance a necessity for many companies.
Experian Inc. reports that almost 70% of business owners have yet to purchase some sort of insurance against cyber attack even though many business owners know cyber attack is a serious business risk. Many companies face significant costs from litigation following cyber attacks and even face the prospect of bankruptcy. In fact, The Gartner Group reports that 40% of all businesses experiencing data breaches are out of business within 6 months and 51% end business within two years following such cyber attacks.
In this webinar, experts in the fields of cyber crime, cyber crime regulation and enforcement, insurance, cyber law, and network systems security will explain the risks, the types of insurance, and why it is increasingly essential to purchase such insurance. Special topics for discussion include:
Cyber Security Insurance Laws and Regulations
Cyber Liability Market and Claims Trends
Assessing Cyber Liability and Risks: Breach Litigation Issues
Cyber Insurance Types and Coverage Needs
Cyber Insurance Policies De-mystified
Subrogation: Vendor and Business Partner Liability Claims
Benefits of International Vulnerability Purchase Program
To view the webcast go to this link: http://youtu.be/vna6GEhDlF0
To learn more about the webcast please visit our website: http://theknowledgegroup.org
Emerging Issues: FDA Food Safety Foreign Suppliers & US Importers Rules Impac...Thomas LaPointe
On July 26, 2013, the Food and Drug Administration (FDA) issued two proposed rules in accordance with Sections 301 and 307 of the FDA Food Safety Modernization Act (FSMA): (1) governing foreign supplier verification and (2) governing third-party audits and certification.
The proposed rules represent a significant change in FDA’s approach and attempt to enhance FDA oversight of all imported human and animal food. Moreover, these rules require most importers to develop and implement a Foreign Supplier Verification Program (FSVP) for all food that they import. Lastly, imports that fail to comply with a FSVP may be subject to refusal of admission.
When finalized, the proposed rules will present a significant set of new compliance obligations for all food and beverage importers. Food companies and importers should have a complete understanding of FDA’s current thinking as reflected in this proposed rule to assess its potential impact on their businesses.
The Knowledge Group has assembled a panel of key thought leaders and practitioners to help you understand the complex issues related to the proposed rule and its impact on your firm and the broader market. The speakers will present their expert opinions in a two-hour LIVE Webcast.
To view the webcast go to this link: http://youtu.be/jrxi67UjiHw
To learn more about the webcast please visit our website: http://theknowledgegroup.org/
A panel of key thought leaders delve into an in-depth analysis of the current trends and recent court rulings involving determination of Patent Venue in light of the TC Heartland decision. Program will also provide the audience with practical strategies in bringing out the best in these lawsuits in a rapidly evolving legal climate.
How safe is your organization's data? In this webinar, we explain some key areas to address including privacy policies, in-office security, and more.
For more information on Demosphere, check out our website at http://www.demosphere.com.
Webinar Slides: Critical Steps to Keep your BSA Program CurrentPneuron
The Bank Secrecy Act (BSA) has caused dramatic operational change. Its objective and the substantial financial scrutiny on the ongoing cost of compliance and the draconian impacts of non-compliance have remained largely the same. However, the market and environment the BSA Officer operates in has changed markedly in the last few years. As a result, the execution and effective management of the BSA program needs to constantly evolve and align as the market, its adversaries and the financial institution change. This presentation provides BSA Officers, BSA teams and Regulators with a comprehensive overview of modern-day BSA programs and the tools needed to optimize them.
B&B Hardware v. Hargis: Decision and Impact on Trademark Prosecution and Enfo...Thomas LaPointe
The U.S. Supreme Court in March 2015 has delivered a significant decision in B&B Hardware, Inc. v. Hargis Industries, Inc. The Court affirms that the Trademark Trial and Appeal Board (TTAB) rulings on the likelihood of confusion of trademarks may have a binding, preclusive effect on later Federal Court trademark infringement proceedings so long as the ordinary elements of issue preclusion are met, and the usages adjudicated by the TTAB are materially the same as those before a district court.
This case could substantially impact not only trademark enforcement strategies, but also the clearance of trademarks and prosecution strategies before the United States Patent and Trademark Office (USPTO).
In this two-hour LIVE Webcast, a panel of key thought leaders and practitioners assembled by The Knowledge Group will review the B&B Hardware v. Hargis case and will explain the significance and possible repercussions of the rulings and how brand owners can safeguard their trademarks in the future. Speakers will also provide best practices in developing and implementing effective trademark protection strategies to protect against infringement.
Key issues that will be covered in this course are:
B&B Hardware, Inc. v. Hargis Industries, Inc.
Trademark Trial and Appeal Board (TTAB) Rulings
Preclusive Effect: An Overview
Coverage and Limitation
U.S. Trademark Application
Likelihood of Confusion
Changes and Implications for Practitioners
Risks and Pitfalls in Trademarks
Infringement Mitigation Strategies
To view the webcast go to this link: https://youtu.be/aVox4JrSIkw
To learn more about the webcast please visit our website: http://theknowledgegroup.org
FINRA Supervision Rules: What You Need to Know in 2015 LIVE WebcastThomas LaPointe
In this two-hour LIVE webcast, a panel of distinguished professionals and thought leaders will help broker/dealers and financial advisors implement the new FINRA rules. They will discuss important new provisions of the new FINRA consolidated supervision rules and discuss best practices.
Key topics include:
• Supervision (New FINRA Rule 3110)
• Supervisory Control System (New FINRA Rule 3120 )
• Holding Customer Mail (New FINRA Rule 3150 )
• Tape Recording of Registered Persons by Certain Firms (New FINRA Rule 3170 )
And a lot more!
To view the webcast go to this link: http://youtu.be/IPmdXnS0WIE
To learn more about the webcast please visit our website: http://theknowledgegroup.org
Real Estate Crowdfunding: Latest Trends and Developments LIVE WebcastThomas LaPointe
In the year 2015, according to a research and advisory firm, crowdfunding platforms in real estate investment have generated about $34.4 billion and is conservatively expected to greatly increase this year. The rapid growth has been spurred by a number of regulatory amendments made by SEC, thus, allowing companies to offer and sell securities through crowdfunding. The recent approval of the JOBS Act's Title III rules is expected to generate new activity for real estate crowdfunding.
In this LIVE Webcast, a seasoned panel of thought leaders and professionals brought together by The Knowledge Group will provide the audience with an in-depth discussion of the fundamentals as well as recent developments in Real Estate Crowdfunding.
Key topics include:
Real Estate Crowdfunding Platform
Recent Trends and Developments in Real Estate Crowdfunding
Five Key Areas of Commercial Real Estate
Restrictions on Real Estate Crowdfunding
Scope and Limitation
To view the webcast go to this link: https://youtu.be/8IqGese6OMg
To learn more about the webcast please visit our website: http://theknowledgegroup.org
The U.S.-China Business Relationship – The Most Important Issues: A Complex B...Thomas LaPointe
The relationship between the U.S. and China is the most important in the world. Whether the two nations can co-exist may be a significant political and economic challenge.
Under President Xi Jinping, China’s policy is changing quickly, with greater consolidation of power and more strategic economic and market reforms. There is interest in taking some limited measures to control state enterprises, but not to reduce the power of the Communist party.
China faces formidable challenges from environmental degradation, internal dissent, and changing demography due to the ‘one-child per family’ policy. Tension between China and the U.S. increases regarding numerous issues such as the instability of North Korea, maritime security in the South China Sea, human rights, data and information theft, cyber-attacks, and trade disagreements.
Many specific, contentious issues exist. Among these, the Chinese government has invested in many Western firms, such as Dalian Wanda’s acquisition of AMC, and it is unclear whether the U.S. Committee on Foreign Investment might obfuscate further investment. The Chinese government has been trying to control corruption, and securities violations thereby affecting domestic and foreign companies. Antimonopoly review of transnational mergers by China’s Ministry of Commerce has become a significant consideration in global M&A transactions, and many foreign companies operating in China have faced antimonopoly investigations and private litigation over their pricing and licensing practices, raising concerns that the Antimonopoly Law is being used for industrial policy reasons, rather than to promote competitive markets in China. Although China has some intellectual property (IP) protection policies for foreign multi-nations, it has a long-standing reputation as a haven for violators of IP law and deep concerns remain as stated recently by the Assistant US Trade Representative for Intellectual Property and Innovation in a report on behalf of the US-China Business Council . Many Chinese students who studied in the United States now are senior government or business officials in China. US law previously did not affect China too substantially. However, many Chinese companies now are affected by far-reaching U.S. laws, regulations, investigations, or litigation. Perception of political and economic bias in the US review of mergers or in application of U.S. laws such as FCPA have resulted in reciprocal, retaliatory actions by China.
To view the webcast go to this link: http://youtu.be/o9f-3a4RJok
To learn more about the webcast please visit our website: http://theknowledgegroup.org
FinCEN’s Anti-Money Laundering Developments: A 2015 Update LIVE WebcastThomas LaPointe
In August 2014, the Financial Crimes Enforcement Network (FinCEN) of the U.S. Treasury published a proposed Anti-money Laundering (AML) rule that would require financial institutions, subject to Customer Identification Procedures (CIP), to identify beneficial owners of legal entity customers and subject them to customer due diligence. This includes banks, securities brokers and dealers, mutual funds, futures commission merchants, and others. This CLE course offers participants an overview of the latest trends and best practices with respect to FinCEN’s new rule on Anti-Money Laundering and other developments in BSA/AML enforcement. A panel of thought leaders and practitioners assembled by The Knowledge Group will help firms better understand how to advise clients about application of the new rules in their businesses.
The Knowledge Group has assembled a panel of key thought leaders to provide the audience with an in-depth over-view, analysis, and discussion of FinCEN’s new rule on Anti-Money Laundering and developments in BSA/AML enforcement.
Key issues include that will be covered in this course are:
Anti-money Laundering
Proposed Rules for Financial Transparency
FinCEN Advisories on AML Compliance
Trade-based Money Laundering
Identifying Customers
Identifying Beneficial Owners
Reporting Initiative on Cross-Border Cash Couriers
Recent Enforcement Actions
Compliance and Litigation Risks
To view the webcast go to this link: http://youtu.be/7MNt-5su2LU
To learn more about the webcast please visit our website: http://theknowledgegroup.org
The FDA's Cybersecurity Enforcement: Patient Care and Medical Cybersecurity I...Thomas LaPointe
Vague requirements and a hot button political issue make for a volatile mixture as industry members try to comply with the U.S. Food & Drug Administration’s (FDA) cybersecurity requirements. The Agency, to date, has released four guidance documents outlining its proposed approach to cybersecurity enforcement, but has yet to demonstrate the degree of its resolve through enforcement activity. By taking apart and analyzing recent FDA action, the panel will inform viewers about the nuts and bolts of cybersecurity compliance.
FDA has made clear that health care facilities need to reassess their information security programs and ensure that these programs are comprehensive and updated. Applicable cybersecurity measures should also be taken to be able to address the vulnerabilities identified in the alert. Similarly, manufacturers of medical devices should carefully evaluate their products for potential security exposures. They should also offer security patches or, if needed, replacement products to their customers and ensure cybersecurity integration to product development.
In a two-hour LIVE webcast, a panel of distinguished professionals and thought leaders assembled by The Knowledge Group will provide guidance and suggestions to assist the healthcare industry in understanding the important aspects of this significant topic. They will provide an in-depth discussion of the FDA’s cybersecurity enforcement and its implications to the healthcare industry. Speakers will also offer best practices in developing and implementing effective information security programs in light of the most recent cybersecurity news.
Key topics include:
The FDA Cybersecurity Enforcement – An Overview
Cybersecurity Vulnerabilities of Medical Devices
Implications to Healthcare Facilities and Medical Device Manufacturers
Best Information Security Practices
Regulatory Forecasts
To view the webcast go to this link: https://youtu.be/BfH2S__-t0w
To learn more about the webcast please visit our website: http://theknowledgegroup.org
Anti-Corruption Compliance and Enforcement: Key Developments in 2016 & Beyond...Thomas LaPointe
The heightened domestic crusades against corruption imply a clear message: aggressive enforcement actions across borders is on the horizon. Increased parallel enforcement actions are also expected to take place engaging multiple jurisdictions against multinational entities. In this light, enforcement authorities are encouraging companies to closely monitor the effectiveness of their policies and procedures and ramp up their compliance strategies to mitigate future legal risks and challenges.
In a two-hour LIVE Webcast, a seasoned panel of thought leaders, professionals and practitioners brought together by The Knowledge Group will provide the audience with an in-depth discussion of the fundamentals as well as recent regulatory developments relating to Anti-Corruption Compliance and Enforcement. Speakers will also present their expert thoughts and opinions on how to establish and maintain an effective and efficient anti-corruption enforcement program.
Key topics include:
Anti-Corruption Enforcement - An Overview
Foreign Corrupt Practices Act
Compliance Requirements
Recent Trends in Anti-Corruption Enforcement
Key Risk Areas
Impacts and Implications of Anti-Corruption Enforcement
The New Anti-Corruption Squad
Up-to-the-minute Regulatory Developments
To view the webcast go to this link: https://youtu.be/GY58FsUIy7A
To learn more about the webcast please visit our website: http://theknowledgegroup.org
Cyber Threat Intelligence: Knowing What Specific Threats Your Business Should...SurfWatch Labs
By using Cyber Threat Intelligence, organizations can understand what specific threats they face and use these insights to drive the most effective defense.
Fraud-on-the-Market Theory: Significant Issues and Updates for 2014 and Beyon...Thomas LaPointe
In a two hour live webcast, a panel of thought leaders and practitioners assembled by The Knowledge Group will discuss the significant and latest issues related to the Fraud-on-the-Market (FOTM) Theory.
Key issues include that will be covered in this course are
Fraud-on-the-Market Theory: an overview
Relevant cases and court decisions
Latest regulatory updates
Guidance on how to use FOTM effectively
To view the webcast go to this link: http://youtu.be/skVMxldWQB8
To learn more about the webcast please visit our website: http://theknowledgegroup.org
Cyber Security and Data Privacy: Views on Article III Standing LIVE WebcastThomas LaPointe
As cyber security and data privacy concerns continue to evolve, security experts must keep themselves up to date to combat increasingly sophisticated threats to protect their firms and clients. In a two-hour LIVE webcast, a panel of distinguished professionals will address significant issues that will shape up cyber security and data privacy in 2014 along with practical guidance. Our speakers will address the following key issues:
Article III Standing
Latest theories of liability arising out of data breaches and claims of invasion of privacy
Issues surrounding cyber security and data privacy
Best practices to counteract cyber security and data privacy threats
Latest regulatory updates
To view the webcast go to this link: http://youtu.be/Kkyieu9njdw
To learn more about the webcast please visit our website: http://theknowledgegroup.org
Final Wellness Regulations: What You Need to Know LIVE WebcastThomas LaPointe
Recently, the Department of Health and Human Services (DHHS) issued final wellness regulations governing health- out-come-based wellness programs increasing rewards to up to 50 percent for healthy activity such as smoking cessation. The new regulations were published on June 3, 2013 and become effective on January 1, 2014 (or upon renewal after January 1, 2014). As compliance date draws near, companies should have a complete and thorough understanding of the final rules to avoid potentially steep penalties.
The Knowledge Group has assembled a panel of key thought leaders and practitioners to provide the audience with an in-depth analysis of the Final Wellness Regulations. In a two-hour live webcast, speakers will discuss:
- Recent Developments and Key Changes on Final Wellness Regulations
- Enforcement of and Compliance with the Final Rules
- Impact of the Final Rules
- Penalties and Exemptions
- Best Practices in Compliance
- Up to the Minute Regulatory Changes
To view the webcasts go to this link: http://youtu.be/Kn7zwS-jdbU
To learn more about the webcast visit our website: http://theknowledgegroup.org/
U.S. Trade Controls: What You Need to Know in 2014 LIVE WebcastThomas LaPointe
In a two hour live webcast, a panel of thought leaders and practitioners assembled by the Knowledge Group will discuss the latest issues regarding U.S. trade controls. Speakers will help firms better understand recent legal developments that impact their ability to conduct business overseas and develop sound strategies for trade controls compliance.
To view the webcast go to this link: http://youtu.be/FTeH0Zp6JHA
To learn more about the webcast please visit our website: http://theknowledgegroup.org/
Cyber Liability Insurance: An Essential and Urgently Needed Business InvestmentThomas LaPointe
Cyber Liability Insurance is a relatively new product that is developing rapidly due to increasing frequency and sophistication of cyber-attacks. Stricter regulation and enforcement of cyber crime are making purchase of Cyber Liability & Data Risk Insurance a necessity for many companies.
Experian Inc. reports that almost 70% of business owners have yet to purchase some sort of insurance against cyber attack even though many business owners know cyber attack is a serious business risk. Many companies face significant costs from litigation following cyber attacks and even face the prospect of bankruptcy. In fact, The Gartner Group reports that 40% of all businesses experiencing data breaches are out of business within 6 months and 51% end business within two years following such cyber attacks.
In this webinar, experts in the fields of cyber crime, cyber crime regulation and enforcement, insurance, cyber law, and network systems security will explain the risks, the types of insurance, and why it is increasingly essential to purchase such insurance. Special topics for discussion include:
Cyber Security Insurance Laws and Regulations
Cyber Liability Market and Claims Trends
Assessing Cyber Liability and Risks: Breach Litigation Issues
Cyber Insurance Types and Coverage Needs
Cyber Insurance Policies De-mystified
Subrogation: Vendor and Business Partner Liability Claims
Benefits of International Vulnerability Purchase Program
To view the webcast go to this link: http://youtu.be/vna6GEhDlF0
To learn more about the webcast please visit our website: http://theknowledgegroup.org
Emerging Issues: FDA Food Safety Foreign Suppliers & US Importers Rules Impac...Thomas LaPointe
On July 26, 2013, the Food and Drug Administration (FDA) issued two proposed rules in accordance with Sections 301 and 307 of the FDA Food Safety Modernization Act (FSMA): (1) governing foreign supplier verification and (2) governing third-party audits and certification.
The proposed rules represent a significant change in FDA’s approach and attempt to enhance FDA oversight of all imported human and animal food. Moreover, these rules require most importers to develop and implement a Foreign Supplier Verification Program (FSVP) for all food that they import. Lastly, imports that fail to comply with a FSVP may be subject to refusal of admission.
When finalized, the proposed rules will present a significant set of new compliance obligations for all food and beverage importers. Food companies and importers should have a complete understanding of FDA’s current thinking as reflected in this proposed rule to assess its potential impact on their businesses.
The Knowledge Group has assembled a panel of key thought leaders and practitioners to help you understand the complex issues related to the proposed rule and its impact on your firm and the broader market. The speakers will present their expert opinions in a two-hour LIVE Webcast.
To view the webcast go to this link: http://youtu.be/jrxi67UjiHw
To learn more about the webcast please visit our website: http://theknowledgegroup.org/
A panel of key thought leaders delve into an in-depth analysis of the current trends and recent court rulings involving determination of Patent Venue in light of the TC Heartland decision. Program will also provide the audience with practical strategies in bringing out the best in these lawsuits in a rapidly evolving legal climate.
How safe is your organization's data? In this webinar, we explain some key areas to address including privacy policies, in-office security, and more.
For more information on Demosphere, check out our website at http://www.demosphere.com.
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Securing Trade Secrets and Intellectual Property Against Cyberattack
1. Speaker Firms and Organization:
Gordon Feinblatt LLC
George F. Ritchie
Member
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Please note ALL participants must be registered or they will not be able to access the event.
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Presented By:
October 26, 2016
1
Partner Firms:
Burr & Forman LLP
William "Chip" Collins Jr.
Partner
Center for Responsible Enterprise And
Trade (CREATe.org)
Pamela Passman
President and CEO
BDO USA, LLP
Bud Conner
Director - Forensic Technology Solutions
2. October 26, 2016
2
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3. October 26, 2016
3
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4. October 26, 2016
4
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5. Partner Firms:
October 26, 2016
5
Gordon Feinblatt is a full-service law firm with more than 60 attorneys
and over 20 paralegals. Our size assures proficiency in virtually every area
of the law without sacrificing personalized attention to our clients.
Each of the Firm’s Practice Group Chairs and many of our other attorneys
are among the State’s leading practitioners. Twenty-five of our attorneys are
listed in Woodward & White’s Best Lawyers in America® 2017and four of our
lawyers have been designated “Lawyer of the Year” in Baltimore by Best
Lawyers. Eighteen attorneys are named in Maryland Super Lawyers 2016.
We present our clients with innovative solutions applicable to their unique
problems and circumstances, providing a legal advantage to people doing
business in Maryland.
BDO is the brand name for BDO USA, LLP, a U.S. Professional services firm
providing assurance, tax, financial advisory and consulting services to a
wide range of publicly traded and privately held companies. For more than
100 years, BDO has provided quality service through the active involvement
of experienced and committed professionals. The firm serves clients through
60 offices and more than 400 independent alliance firm locations nationwide.
As an independent member firm of BDO international limited, BDO serves
multinational clients through a global network of over 1,400 offices in more
than 154 countries.
BDO USA, LLP, a Delaware limited liability partnership, is the U.S. Member
of BDO international limited, a UK company limited by guarantee, and forms
part of the international BDO network of independent member firms. BDO is
the brand name for the BDO network and for each of the BDO member
firms.
6. Partner Firms:
October 26, 2016
6
The Center for Responsible Enterprise And Trade (CREATe.org) helps
organizations and their third parties address governance, risk and
compliance requirements associated with the prevention of corruption and
the protection of intellectual property (IP) and trade secrets from cyber and
other risks. Our mission is to make leading practices in IP protection and
anti-corruption achievable for all companies. To achieve this mission, we
have developed CREATe Leading Practices, a service that measures the
maturity of business processes in place and guides prioritization and
improvements to help companies embed controls to mitigate risks. CREATe
Leading Practices is deployed in multiple languages by organizations
operating globally.
Burr & Forman’s experienced legal team serves clients with local, national,
and international legal needs. With particular industry strengths in the
financial institutions, health care and manufacturing sectors, our attorneys
draw from a diverse range of backgrounds and experience to serve as
trusted business advisors and legal counsel to help clients achieve their
goals. Burr & Forman is a Southeast regional firm with nearly 300 attorneys
and 10 offices in Alabama, Florida, Georgia, Mississippi, and Tennessee.
7. Brief Speaker Bios:
October 26, 2016
7
George F. Ritchie
George Ritchie is a trial lawyer and adviser with over 20 years of experience handling high stakes litigation matters and other strategic
challenges facing private and public companies. His practice focuses on intellectual property, environmental, employment and related
corporate matters. He also counsels clients on risk avoidance, crisis management, and company-sensitive issues across a broad
spectrum of industries. He represents domestic and international clients in cases in state and federal courts across the country, and in
various arbitral forums.
Bud Conner
Bud Conner is a Director in the Forensic Technology Services practice of BDO Consulting. Combining legal, technology, and
information governance expertise, Bud helps organizations find cost effective solutions for managing and protecting enterprise data
and information. From data creation through storage and retrieval, Bud advises corporations and law firms in policy and process
implementation, and in identifying and deploying the appropriate technologies and services to harmonize enterprise operations,
improve processes, and realize a true return on investment.
8. Brief Speaker Bios:
Pamela Passman
Pamela Passman is President and CEO of the Center for Responsible Enterprise and Trade (CREATe.org), an organization dedicated
to helping companies and their third parties effectively address governance, risk and compliance requirements through the
benchmarking and implementation of business processes across an enterprise. Prior to founding CREATe in October 2011, Passman
was the Corporate Vice President and Deputy General Counsel, Global Corporate and Regulatory Affairs, Microsoft
Corporation. Since 2002, Passman led Microsoft’s regulatory compliance work across 100 countries and addressing a range of issues,
including privacy, security, law enforcement, telecommunications and other issues related to cloud computing.
October 26, 2016
8
► For more information about the speakers, you can visit: https://theknowledgegroup.org/event-homepage/?event_id=1724
William "Chip" Collins Jr.
Chip Collins is a partner and business litigator in the Atlanta office of Burr & Forman LLP. His practice is largely focused on litigating
and arbitrating non-compete and trade secret disputes, counseling employers and executives on unfair competition issues, and
drafting employment and severance agreements. Chip is a frequent commentator on non-compete and trade secret issues, having
been featured in publications including the Atlanta Business Chronicle, Attorney at Law, andBusiness to Business, and he started his
firm’s unfair competition blog (noncompetetradesecretslaw.com), to which he is a regular contributor.
9. The rise in cyber threats is putting companies at risk of losing trade secrets and other intellectual property assets
that are integral to competitive edge, revenues and reputation. Many companies, however, are unsure about how
to shore up their IP and trade secret protection programs to thwart potential risks and losses.
In this two-hour LIVE Webcast, a panel of distinguished professionals and thought leaders organized by The
Knowledge Group will help the audience understand the important aspects of Securing Trade Secrets and
Intellectual Property Against Cyberattack. They will provide an in-depth discussion of the critical issues and best
practices with respect to this noteworthy topic. Speakers will also share helpful tips in developing and
implementing data security programs while ensuring compliance with applicable laws.
Some of the major topics that will be covered in this course are:
• IP and Trade Secrets Protection
• Key Challenges and Vulnerabilities
• Data Security Policies
• Risk Identification and Mitigation
• Best Regulatory Remedies
October 26, 2016
9
10. Featured Speakers:
October 26, 2016
10
SEGMENT 4:
William "Chip" Collins Jr.
Partner
Burr & Forman LLP
SEGMENT 2:
George F. Ritchie
Member
Gordon Feinblatt LLC
SEGMENT 3:
Pamela Passman
President and CEO
Center for Responsible Enterprise
And Trade (CREATe.org)
SEGMENT 1:
Bud Conner
Director - Forensic Technology
Solutions
BDO USA, LLP
11. Introduction
Bud Conner is a Director in the Forensic Technology Services practice of BDO Consulting. Combining legal, technology,
and information governance expertise, Bud helps organizations find cost effective solutions for managing and protecting
enterprise data and information. From data creation through storage and retrieval, Bud advises corporations and law firms
in policy and process implementation, and in identifying and deploying the appropriate technologies and services to
harmonize enterprise operations, improve processes, and realize a true return on investment.
Bud began his professional career as an intellectual property attorney, and is a registered patent attorney before the United
States Patent & Trademark Office. He is also an ARMA-certified Information Governance Professional. Protecting
intellectual property and sensitive information has been a constant objective of his work.
Bud is a graduate of the Case Western Reserve School of Law, and holds a BS in Biochemistry from Indiana University.
October 26, 2016
11
SEGMENT 1:
Bud Conner
Director - Forensic Technology
Solutions
BDO USA, LLP
12. TRADE Secrets, IP (and Other Valuable Data)
in the CYBER AGE
The Big Picture for Protecting Digital Assets
October 26, 2016
12
SEGMENT 1:
Bud Conner
Director - Forensic Technology
Solutions
BDO USA, LLP
13. A TRADE SECRET IS:
information, including a formula, pattern, compilation, program device, method, technique, or process, that:
(i) derives independent economic value, actual or potential, from not being generally known to, and not being
readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or
use, and
(ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
(Uniform Trade Secrets Act)
Examples of trade secrets can include:
• engineering information; methods, processes, and know-how;
• tolerances and formulas;
• business and financial information;
• computer programs (particularly source code) and related information;
• pending, unpublished patent applications;
• business plans, budgets, methods of calculating costs and pricing; customer and supplier information;
• other information relating to a company's business.
October 26, 2016
13
SEGMENT 1:
Bud Conner
Director - Forensic Technology
Solutions
BDO USA, LLP
14. The Information Hierarchy:
All Trade Secrets constitute Confidential Information, but:
Not all Confidential Information rises to the Level of Trade Secret, and:
All Confidential Information is Proprietary Information, but not all Proprietary Information is Confidential.
For example, patented inventions and copyrighted materials are known to the public, but they are
proprietary to their owner.
Some companies view anything they do or create as proprietary.
October 26, 2016
14
SEGMENT 1:
Bud Conner
Director - Forensic Technology
Solutions
BDO USA, LLP
15. WHERE ARE YOU GOING WITH THIS?
This is a Cyber seminar
• “Cyber” is defined as “of, relating to, or involving computers or computer networks.”
As a practical matter, most enterprise computer networks constitute a single data lake, wherein all
information (proprietary, confidential, trade secret, and garbage) co-exists.
The Information does not self-segregate in the data lake, so absent efforts to isolate trade secrets or other
valuable data, protecting that data requires protecting the whole lake.
For a lot of reasons, that’s really hard to do (more on this later).
October 26, 2016
15
SEGMENT 1:
Bud Conner
Director - Forensic Technology
Solutions
BDO USA, LLP
16. GOING FISHING (OR PHISHING)
October 26, 2016
16
SEGMENT 1:
Bud Conner
Director - Forensic Technology
Solutions
BDO USA, LLP
17. WHAT ELSE IS IN THE LAKE?
Personally Identifiable Information (“PII”) and Protected Health Information (“PHI”)
• Names and addresses
• Social security numbers, drivers’ license numbers, and passport numbers/other government identifiers
• Bank account information and credit card numbers
• Usernames and passwords
• Compensation and other related employment information (including benefits, retirement and
termination plans and previous work history)
• Health Claims appeals information
• Diagnosis, disability code and member ID numbers of employees/dependents
• Health/medical information provided outside of company health plan
October 26, 2016
17
SEGMENT 1:
Bud Conner
Director - Forensic Technology
Solutions
BDO USA, LLP
18. PROTECTING INFORMATION: THAT WHICH YOU
WANT TO AND THAT WHICH YOU HAVE TO
You want to keep your Trade Secrets out of the public’s hands. You have to keep PII and PHI out of the
public’s hands.
Examples of laws related to different types of PII
• HIPAA/HITECH - Health related information
• GLBA - Financial information
• Privacy Act - Fair Information Practices for PII held by Federal Agencies
• COPPA - Protects children’s privacy by allowing parents to control what information is collected
• FERPA - Student’s personal information
• FCRA - Collection and use of consumer information
October 26, 2016
18
SEGMENT 1:
Bud Conner
Director - Forensic Technology
Solutions
BDO USA, LLP
19. AGAIN, WHERE ARE YOU GOING WITH THIS?
A variety of information types have value to hackers.
Most enterprise data lives in the same place, and the information types are generally intermingled with
each other.
Total protection against hacking or breach is impossible.
Therefore, protection strategy should be based on prioritizing data types based on value to the company,
value to hackers, legal/regulatory obligations, and cost of breach.
So, with respect to Trade Secrets—the primary reason we’re here—the protection strategy should be a
consideration under the greater data security/data breach philosophy. That is, if you are going to
undertake to protect trade secrets, it will be most effective if the enterprise undertakes a holistic protection
strategy at the same time.
October 26, 2016
19
SEGMENT 1:
Bud Conner
Director - Forensic Technology
Solutions
BDO USA, LLP
20. A HOLISTIC ENTERPRISE DATA SECURITY STRATEGY
October 26, 2016
20
SEGMENT 1:
Bud Conner
Director - Forensic Technology
Solutions
BDO USA, LLP
21. PROTECTING TRADE SECRETS IN THE CYBER AGE
A multi-functional endeavor
Identify valuable information
Identify risk
Policy considerations
Behavioral considerations
Technology considerations
October 26, 2016
21
SEGMENT 1:
Bud Conner
Director - Forensic Technology
Solutions
BDO USA, LLP
22. Introduction
George Ritchie is a trial lawyer and adviser with over 20 years of experience handling high stakes litigation matters and
other strategic challenges facing private and public companies. His practice focuses on intellectual property, environmental,
employment and related corporate matters. He also counsels clients on risk avoidance, crisis management, and company-
sensitive issues across a broad spectrum of industries. He represents domestic and international clients in cases in state
and federal courts across the country, and in various arbitral forums.
In addition to his courtroom work, George also has substantial experience in representing companies and individuals
involved in government investigations, including matters involving securities and accounting fraud, alleged mislabeling of
food products under USDA regulations and consumer protection violations. George regularly provides pre-litigation analysis
and advice to clients, and has lectured extensively on the importance of pre-litigation planning and expert witness
development.
October 26, 2016
22
SEGMENT 2:
George F. Ritchie
Member
Gordon Feinblatt LLC
23. Defending Trade Secrets From Cyber Attack
October 26, 2016
23
SEGMENT 2:
George F. Ritchie
Member
Gordon Feinblatt LLC
24. Defining the Problem: What is a Trade Secret?
USTA:
1) “Information . . . that . . . derives independent economic value, actual or potential
2) from not being generally known [to other persons who can obtain economic value from its
disclosure or use]
3) and not being readily ascertainable by proper means by other persons who can obtain economic
value from its disclosure or use, and
4) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.”
Similar Concepts under the Restatement and Defend Trade Secrets Act (DTSA)
October 26, 2016
24
SEGMENT 2:
George F. Ritchie
Member
Gordon Feinblatt LLC
25. Defining the Problem: The Importance of
Reasonable Efforts to Maintain Secrecy
This is the factor where most trade secrets cases are likely to fail
Lapses in security, failure to treat information as secret, and inadvertent disclosure are enough to
destroy trade secret status
Omega Optical, Inc. v. Chroma Technology Corp., 174 Vt. 10, 800 A.2d1064 (2002):
No evidence of policy of confidentiality within company and company had taken no steps to
protect technology from disclosure
Court ruled that company could not claim trade secret status of technology and entire portfolio
was lost to a competitor
October 26, 2016
25
SEGMENT 2:
George F. Ritchie
Member
Gordon Feinblatt LLC
26. Defining the Problem: Common
Scenarios in Loss of Trade Secrets
Who is the company protecting the trade secrets from: outside competitors, inside employees (loyal
and not loyal), the general public
Common Scenarios for trade secret “loss” -
◦ Loss of trade secrets through inadvertent disclosure: trade show, conference speech, sales call
◦ Loss of trade secrets through unprotected disclosure: “preliminary discussions,” simultaneous
disclosure, unprotected disclosure within NDA
◦ Loss of Trade Secrets through hostile actions: departing employees, corporate spies
October 26, 2016
26
SEGMENT 2:
George F. Ritchie
Member
Gordon Feinblatt LLC
27. Addressing the Problem:
Goals For Trade Secret Security Programs
Focus of efforts must be what is “reasonable under the circumstances”
Courts will ask: what is the standard of care in the industry? Has company suffered information losses
before? Were procedures tightened in response? How big is corporation? Does it have “big
corporation” security measures, or is “Mom and Pop” approach enough?
Two Goals: 1) Prevent Information Loss through security measures; 2) ensure favorable result in
trade secret litigation
October 26, 2016
27
SEGMENT 2:
George F. Ritchie
Member
Gordon Feinblatt LLC
28. Addressing the Problem: Typical
Solutions for Non-Cyber Threats
Dealing with the Insider:
◦ Employment Agreements w/Restrictive Covenants and Confidentiality Clauses
◦ Compartmentalization of trade secrets – access on a “need to know” basis
◦ Access tracking within the company
◦ Computer passwords, encryption
◦ Employee Handbook and periodic employee training
◦ The exit interview and “trade secret statement”
◦ Provision of equipment – limit to company-issued and demand return
October 26, 2016
28
SEGMENT 2:
George F. Ritchie
Member
Gordon Feinblatt LLC
29. Addressing the Problem: Dealing
with Outside Threats
Preventing Access through Fraud
Preventing Access through Trespass
Preventing Access Through Inducement to Breach
Proper use of NDAs
◦ 11th Cir. Decision in Warehouse Solutions v. Integrated Logistics, 2015 WL 2151757 (11th Cir. May
8, 2015)
Counsel reviews of sales presentations, research articles, trade show materials
October 26, 2016
29
SEGMENT 2:
George F. Ritchie
Member
Gordon Feinblatt LLC
30. Reasonable Efforts: Cyber Security
Take-away from cases interpreting “reasonable efforts” – cost benefit analysis, which varies in each
case based on the costs of protective measures relative to the attendant benefits of protection.
How to apply to Cyber Attack scenarios?
◦ Look to FTC Complaints and Consent Decrees on protection of consumer data for guidance
◦ Password protocols and policies foundational to data security
◦ Use of encryption, segmentation of servers from unauthorized access, firewalls and monitoring of
access
October 26, 2016
30
SEGMENT 2:
George F. Ritchie
Member
Gordon Feinblatt LLC
31. Reasonable Efforts: Cyber Security
Additional FTC Guidance:
◦ Companies should monitor and regulate outgoing traffic on the network
◦ Have protocols in place for dealing with detected security breaches
◦ Websites should have separate employee and consumer login pages
◦ Deletion of old, unused information on server
◦ Put in place adequate risk assessment plans, including trade secret and security audits
◦ Installation of proper antivirus and anti-spying programs
October 26, 2016
31
SEGMENT 2:
George F. Ritchie
Member
Gordon Feinblatt LLC
32. Reasonable Efforts: Cyber Security
Adoption of NIST Framework
October 26, 2016
32
SEGMENT 2:
George F. Ritchie
Member
Gordon Feinblatt LLC
33. Introduction
Pamela Passman is President and CEO of the Center for Responsible Enterprise and Trade (CREATe.org), an organization
dedicated to helping companies and their third parties effectively address governance, risk and compliance requirements
through the benchmarking and implementation of business processes across an enterprise. Prior to founding CREATe in
October 2011, Passman was the Corporate Vice President and Deputy General Counsel, Global Corporate and Regulatory
Affairs, Microsoft Corporation. Since 2002, Passman led Microsoft’s regulatory compliance work across 100 countries and
addressing a range of issues, including privacy, security, law enforcement, telecommunications and other issues related to
cloud computing. She worked closely with business leaders and research and development teams to advance Microsoft’s
businesses in China and other emerging markets. She first joined Microsoft in 1996 and until 2002, led the Legal and
Corporate Affairs organization in Asia, based in Tokyo, with a focus on Japan, Korea and the People’s Republic of China.
Prior to joining Microsoft, Ms. Passman practiced law with Covington & Burling in Washington, D.C. and Nagashima & Ohno
in Tokyo, Japan. Passman was recognized as one of the ‘Most Influential People in Security 2014’ by Security Magazine.
October 26, 2016
33
SEGMENT 3:
Pamela Passman
President and CEO
Center for Responsible Enterprise
And Trade (CREATe.org)
34. What are Reasonable Efforts’ for Cybersecurity?
• Reasonable efforts / reasonable steps
̵ Remains a key test for whether information gets trade
secret protection
• Needed cybersecurity protections have been mentioned in
trade secrets cases:
October 26, 2016
34
SEGMENT 3:
Pamela Passman
President and CEO
Center for Responsible Enterprise
And Trade (CREATe.org)
̵ Password protection
̵ ‘Need to know’ access
̵ Segregated server
storage
̵ Firewalls
̵ Data encryption
̵ Website blocking
̵ Internet use monitoring
̵ Pop-up warnings
̵ Prohibitions on printing
̵ USB use restrictions
35. Industry Trend: Enterprise Risk Management (ERM)
• Cybersecurity: not just an IT issue
̵ Managing people and processes also vital
̵ NIST and industry best practices: evolving towards integrated risk management throughout the
enterprise
• Some trade secret cases touch on ERM issues:
̵ Corporate policies and procedures
̵ Internal and third party agreements
̵ HR practices
̵ Trade secret registry
̵ Physical security
̵ Employee training and awareness
̵ Management responsibilities
̵ Security monitoring
̵ Prompt corrective actions
October 26, 2016
35
SEGMENT 3:
Pamela Passman
President and CEO
Center for Responsible Enterprise
And Trade (CREATe.org)
36. Embedding Cybersecurity into Business Operations
Benefits:
• Builds awareness throughout the company
• Communicates clear expectations
• Preventative, proactive
• Builds on management systems used for other business operations
October 26, 2016
36
SEGMENT 3:
Pamela Passman
President and CEO
Center for Responsible Enterprise
And Trade (CREATe.org)
37. A Management-Systems Approach
October 26, 2016
37
SEGMENT 3:
Pamela Passman
President and CEO
Center for Responsible Enterprise
And Trade (CREATe.org)
38. Risk Assessment
Sample processes that should be in place:
Trade secret registry
Assess potential risks to trade secrets
Assessment of likelihood and severity of potential risks
Risk mitigation plan
October 26, 2016
38
SEGMENT 3:
Pamela Passman
President and CEO
Center for Responsible Enterprise
And Trade (CREATe.org)
39. Policies, Procedures and Records
Sample processes that should be in place:
Company, staff and third-party policies
Trade secrets specific procedures
Marking and segregation procedures
Standard confidentiality and usage provisions
Standard NDA
Inventory and other documentation
October 26, 2016
39
SEGMENT 3:
Pamela Passman
President and CEO
Center for Responsible Enterprise
And Trade (CREATe.org)
40. Security & Confidentiality Management
Sample processes that should be in place:
Identity and access management
Data security measures
Perimeter and network defense
Physical security
October 26, 2016
40
SEGMENT 3:
Pamela Passman
President and CEO
Center for Responsible Enterprise
And Trade (CREATe.org)
41. Management of Third Parties
October 26, 2016
41
SEGMENT 3:
Pamela Passman
President and CEO
Center for Responsible Enterprise
And Trade (CREATe.org)
Sample processes that should be in place:
Due diligence
Third-party communications
Written nondisclosure and other agreement terms
Regular reviews
42. Information Protection Team
October 26, 2016
42
SEGMENT 3:
Pamela Passman
President and CEO
Center for Responsible Enterprise
And Trade (CREATe.org)
Sample processes that should be in place:
Risk analysis
Responsible executive
Cross-functional coordination
Authority and budget
Comprehensive oversight
43. Training and Capacity Building
October 26, 2016
43
SEGMENT 3:
Pamela Passman
President and CEO
Center for Responsible Enterprise
And Trade (CREATe.org)
Sample processes that should be in place:
Initial staff training
Ongoing training
Supply chain training
Specialized training
44. Monitoring & Measurement
October 26, 2016
44
SEGMENT 3:
Pamela Passman
President and CEO
Center for Responsible Enterprise
And Trade (CREATe.org)
Sample processes that should be in place:
Regular reviews of internal protections
Regular reviews of third-party protections
Benchmarking
45. Corrective Actions & Improvements
October 26, 2016
45
SEGMENT 3:
Pamela Passman
President and CEO
Center for Responsible Enterprise
And Trade (CREATe.org)
Sample processes that should be in place:
Rapid response
Response plan
Root-cause analysis
Tracking
Regular review and protection program update
46. Industry Trend: Approach to Managing Cyber Risk
• Voluntary framework,
five main functions
̵ Analysis of technical and management
capabilities
• Trade-secrets impact?
̵ “The Framework may become the de facto
standard … and may impact legal definitions
and enforcement guidelines for cybersecurity
moving forward.” PwC
October 26, 2016
46
SEGMENT 3:
Pamela Passman
President and CEO
Center for Responsible Enterprise
And Trade (CREATe.org)
NIST Cybersecurity Framework
Function Category
IDENTIFY (ID) Asset Management.
Business Environment.
Governance.
Risk Assessment.
Risk Management Strategy.
PROTECT (PR) Access Control.
Awareness and Training.
Data Security.
Information Protection Processes
and Procedures.
Maintenance.
Protective Technology.
DETECT (DE) Anomalies and Events.
Security Continuous Monitoring.
Detection Processes.
RESPOND (RS) Response Planning.
Communications.
Analysis.
Mitigation.
Improvements.
RECOVER (RC) Recovery Planning.
Improvements.
Communications.
47. Introduction
Chip Collins is a partner and business litigator in the Atlanta office of Burr & Forman LLP. His practice is largely focused on
litigating and arbitrating non-compete and trade secret disputes, counseling employers and executives on unfair competition
issues, and drafting employment and severance agreements. Chip is a frequent commentator on non-compete and trade
secret issues, having been featured in publications including the Atlanta Business Chronicle, Attorney at Law, andBusiness
to Business, and he started his firm’s unfair competition blog (noncompetetradesecretslaw.com), to which he is a regular
contributor. He has presented seminars on trade secret and non-compete law for ICLE in Georgia and The Knowledge
Group and has been a guest lecturer on trade secret issues at the Emory University School of Law for the last two
years. Chip has been involved in the creation of both the noncompete/trade secrets and cybersecurity service groups at his
firm.
October 26, 2016
47
SEGMENT 4:
William "Chip" Collins Jr.
Partner
Burr & Forman LLP
48. When the Genie Gets Out of the Bottle
Rights and Remedies for Trade Secret Owners in the Aftermath of a Cyber Attack
October 26, 2016
48
SEGMENT 4:
William "Chip" Collins Jr.
Partner
Burr & Forman LLP
49. Why me?
Reasons trade secrets may be subject to cyber attack:
• Competitor seeking competitive advantage
• Thrill seeker looking to expose vulnerabilities and gain notoriety/bragging rights in hacker community
• “Hacktivist” seeking to publicize information for political or public interest purposes
• Disgruntled employee, customer, or other “malicious insider” seeking to embarrass or damage a
business
October 26, 2016
49
SEGMENT 4:
William "Chip" Collins Jr.
Partner
Burr & Forman LLP
50. Is my Trade Secret still a “secret” if it gets posted on the Internet?
“Widespread, anonymous publication of the information over the Internet may destroy its status as a
trade secret. The concern is whether the information has retained its value to the creator in spite of
the publication.”
DVD Copy Control Assoc. Inc. v. Bunner, 116 Cal. App. 4th 241, 251 (Cal. Ct. App. 2004) (citing
Religious Tech. Center v. NetCom On-Line Comm, 923 F. Supp. 1231, 1256 (N.D. Cal. 1995),
Religious Tech. Center v. NetCom On-Line Comm., 907 F. Supp. 1361 (N.D. Cal. 1995), and Rest.3d
Unfair Competition, §39, com. f, p. 431).
October 26, 2016
50
SEGMENT 4:
William "Chip" Collins Jr.
Partner
Burr & Forman LLP
51. Is my Trade Secret still a “secret” if it gets posted on the Internet?
Publication of a trade secret on the Internet does not necessarily destroy trade secret status if the
publication is sufficiently:
• obscure;
• transient; or
• otherwise limited so that it does not become generally known to the relevant people, i.e., potential
competitors or other persons to whom the information would have some economic value.
DVD Copy Control Assoc. Inc. v. Bunner, 116 Cal. App. 4th 241, 251 (Cal. Ct. App. 2004) (internal
citations omitted). See also Syncsort Inc. v. Innovative Routines, Int.’l, Inc., No. 04-3623 (WHW), 2011
WL 3651331, at *13 (D.N.J. Aug. 18, 2011).
October 26, 2016
51
SEGMENT 4:
William "Chip" Collins Jr.
Partner
Burr & Forman LLP
52. The Need for Speed: Move Fast When Trade Secrets Have Been Exposed in a
Cyber Attack
After a cyber attack, trade secret owners must immediately:
• Identify and remediate the source of the breach
• Identify what trade secrets have been compromised
• Identify the misappropriator (if possible)
• Determine where trade secrets have been exposed, published ,or otherwise made available to the
public (if possible)
• Attempt to have exposed trade secrets removed/deleted from websites or other public sources as
quickly as possible
• Work to prevent further loss, dissemination, or publication of compromised trade secrets to protect
trade secret status
• Preserve evidence for use in a potential civil or criminal action
• Evaluate and pursue civil and criminal remedies
October 26, 2016
52
SEGMENT 4:
William "Chip" Collins Jr.
Partner
Burr & Forman LLP
53. Civil Remedies for Trade Secret Misappropriation
Defend Trade Secrets Act of 2016: 18 U.S.C. §1836
• Provides a private civil cause of action for misappropriation of trade secrets and confidential
information (BUT does not preempt existing state laws)
• Promotes uniformity in trade secret law, which previously was governed by state laws adopting
differing versions of the Uniform Trade Secrets Act
• Provides original federal subject matter jurisdiction for misappropriation claims
• Broad definition of trade secret and broader protections for employers (i.e., no confidentiality
agreement or restrictive covenant required to enforce protections)
• Provides ex parte seizure remedy which allows for the immediate seizure of misappropriated
trade secrets without requiring advance notice to the party holding the trade secrets where
TRO or other remedies are inadequate
• Allows injunctive relief, recovery of actual damages, recovery of reasonable royalty and/or
unjust enrichment, and exemplary damages of 2x the damages award and attorneys’ fees for
willful or malicious misappropriation
• Provides whistleblower immunity and anti-retaliation provisions
• Rejects “inevitable disclosure” doctrine
October 26, 2016
53
SEGMENT 4:
William "Chip" Collins Jr.
Partner
Burr & Forman LLP
54. Civil Remedies for Trade Secret Misappropriation
Computer Fraud and Abuse Act: 18 U.S.C. §1030
• Anti-hacking statute that makes it a crime to access information on a computer without, or in excess
of, authorization
• Provides for a private civil right of action where an individual or company may bring a civil lawsuit if
actual damages in one year exceed $5,000
• Plaintiff can obtain injunctive relief and recover actual/compensatory damages attributable to
violation
• Civil case must be brought within 2 years of the date of the violation or the date of the discovery of
the damage
• BUT: CFAA’s applicability to trade secrets has been called into question – See United States v.
Nosal, 676 F.3d 854 (9th Cir. 2012) (finding that the “general purpose [of the CFAA] is to punish
hacking – the circumvention of technological access barriers – not misappropriation of trade secrets
. . .”).
See JOHN VILLASENOR, Corporate Cybersecurity Realism: Managing Trade Secrets in a World Where
Breaches Occur, AM. INTELL. PROP. L. ASS’N. Q. J., VOLUME 43, NUMBERS 2/3. (Aug. 1, 2005).
October 26, 2016
54
SEGMENT 4:
William "Chip" Collins Jr.
Partner
Burr & Forman LLP
55. Civil Remedies for Trade Secret Misappropriation
State Laws - most states have adopted a version of the Uniform Trade Secrets Act, which allows:
• Injunctive relief for actual or threatened misappropriation
• Recovery of actual damages caused by misappropriation
• Unjust enrichment and/or reasonable royalty
• Exemplary damages of 2x any award of actual damages
• Attorneys’ fees for willful or malicious misappropriation OR for claims of misappropriation
made in bad faith
• Preempts “conflicting tort, restitutionary, and other laws providing civil remedies for
misappropriation of trade secrets”
To the extent not preempted by state statutes, trade secret owners may have common law claims for:
• unfair competition
• deceptive trade practices
• Conversion, trespass, invasion of privacy, replevin
• Violations of RICO statutes
• Breach of fiduciary duty and/or duty of loyalty/confidentiality
• Breach of contract (involving NDAs, restrictive covenants, etc.)
October 26, 2016
55
SEGMENT 4:
William "Chip" Collins Jr.
Partner
Burr & Forman LLP
56. Criminal Remedies for Trade Secret Misappropriation
Economic Espionage Act of 1996 18 U.S.C. §1831, et. seq..
• Criminalizes economic espionage and theft of trade secrets.
• Attorney General may bring civil action to enjoin violations
• Violations are punishable by fines and/or imprisonment of up to 10 years for theft of trade
secrets
• No preemption of other civil or criminal remedies
• Expansive federal jurisdiction is beneficial in cases involving multi-jurisdictional internet
prosecutions
• No private civil cause of action
• BUT: EEA does not apply to those who do not intend to benefit financially from the disclosure,
so may not apply to hacker whose only intent is to destroy secrecy
2 GABRIEL M. RAMSEY, ET AL., INTERNET LAW AND PRACTICE § 18.37 (2016); 2 JOHN J. FALVEY, JR. &
AMY M. MCCALLEN, INTERNET LAW AND PRACTICE § 26.13 (2016).
October 26, 2016
56
SEGMENT 4:
William "Chip" Collins Jr.
Partner
Burr & Forman LLP
57. Criminal Remedies for Trade Secret Misappropriation
Computer Fraud and Abuse Act: 18 U.S.C. §1030
• Anti-hacking statute that makes it a crime for anyone to access information on a computer without,
or in excess of, authorization
• Violations are punishable by imprisonment and/or civil forfeiture of personal property used or
intended to be used to commit the violation
• Civil cases comprise largest percentage of opinions construing the CFAA
• Section 1030(g) authorizes private right of action for compensatory damages and
injunctive/equitable relief by any person who suffers a loss resulting from a statutory violation, if
the loss during any one-year period is at least $5,000
• No preemption of other laws governing computer crimes
4 E-COMMERCE AND INTERNET LAW 44.08[1] (2015).
October 26, 2016
57
SEGMENT 4:
William "Chip" Collins Jr.
Partner
Burr & Forman LLP
58. Criminal Prosecution or Civil Lawsuit?
Advantages to criminal prosecution:
• Government search and seizure orders are broader in scope than civil TROs/injunctions, and search
warrants may be more easily obtained due to lower probable cause standard
• Prosecuting agency covers costs
• Deterrent effect of hefty fines and potential imprisonment
• Government agencies face less jurisdictional barriers
4 E-COMMERCE AND INTERNET LAW 43.06-07 (2015).
October 26, 2016
58
SEGMENT 4:
William "Chip" Collins Jr.
Partner
Burr & Forman LLP
59. Criminal Prosecution or Civil Lawsuit?
Disadvantages to criminal prosecution:
• Trade secret owner loses control of case/outcome
• Prosecutors decide whether to pursue and with what crimes to charge
• Prosecuting agencies with limited resources may delay/decline prosecution, and inadequate security
systems may result in more risk of compromise/exposure of trade secrets
• Higher burden of proof (beyond a reasonable doubt) and more procedural advantages available to
defendants in criminal cases
• Restitutionary recovery may be less than recoverable civil damages
4 E-COMMERCE AND INTERNET LAW 43.06-07 (2015).
October 26, 2016
59
SEGMENT 4:
William "Chip" Collins Jr.
Partner
Burr & Forman LLP
60. Criminal Prosecution or Civil Lawsuit?
Advantages to Civil Lawsuit:
• Trade secret owner controls case, can shape relief sought can better control publicity, and can more
directly impact outcome
• Lower burden of proof (preponderance standard) makes it easier for plaintiffs to prevail
• Potential for recovery of damages
• Actual/compensatory damages
• Treble damages
• Punitive damages
• Attorneys’ fees and costs of litigation
• Injunctive Relief, if available, can help to protect trade secret status and prevent further
loss/dissemination of trade secrets
4 E-COMMERCE AND INTERNET LAW 43.06-07 (2015).
October 26, 2016
60
SEGMENT 4:
William "Chip" Collins Jr.
Partner
Burr & Forman LLP
61. Criminal Prosecution or Civil Lawsuit?
Disadvantages to Civil Lawsuit:
• Difficulty in identifying anonymous or pseudonymous defendants
• Obtaining injunction can be too slow to protect trade secret status
• Judgment collection – Religious Tech. Ctr. v. Netcom On-Line Comm’n Servs., Inc., 923 F. Supp.
1231, 1256 (N.D. Cal. 1995) (“The anonymous (or judgment proof) defendant can permanently
destroy trade valuable trade secrets, leaving no one to hold liable for the misappropriation.”).
• First Amendment concerns – Ford Motor Co. v Lane, 67 F. Supp. 2d 745 (E.D. Mi. 1999) (declining
to enjoin Defendant’s threatened “publication of Ford’s trade secrets and other internal documents”
upon finding that “[i]n the absence of a confidentiality agreement or fiduciary duty between the
parties, Ford’s commercial interest in its trade secrets and Lane’s alleged improper conduct in
obtaining the trade secrets are not grounds for issuing a prior restraint”)
October 26, 2016
61
SEGMENT 4:
William "Chip" Collins Jr.
Partner
Burr & Forman LLP
62. Who do I sue?
• “John Doe” lawsuits may be filed against anonymous or pseudonymous hackers. The Republic of
Kazakhstan v. Does 1-100, No. 15 Civ. 1900(ER), 2015 WL 6473016 (S.D.N.Y. Oct. 27, 2015)
(action for injunctive relief and damages under CFAA against anonymous hackers that posted
confidential government documents on internet).
• Once suit is filed, seek expedited discovery and serve subpoenas on internet service providers or
website owners to compel production of identifying information for the persons that posted the trade
secrets online.
• Consider whether ISPs or other third parties may be liable for negligence if trade secrets not
removed from site upon request
See 2 E-COMMERCE AND INTERNET LAW §§10.12 and 10.18 (2015); RICHARD G. SANDERS & ROBB S.
HARVEY, Unmasking Anonymous and Pseudonymous Online Posters, 21 NO. 2 PRAC. LITIGATOR 35
(2010).
October 26, 2016
62
SEGMENT 4:
William "Chip" Collins Jr.
Partner
Burr & Forman LLP
63. October 26, 2016
63
Contact Info:
William "Chip" Collins Jr.
Partner
Burr & Forman LLP
E: wcollins@burr.com
T: 404.685.4266
Pamela Passman
President and CEO
Center for Responsible
Enterprise And Trade
(CREATe.org)
E: ppassman@CREATe.org
T: 202.842.4701
George F. Ritchie
Member
Gordon Feinblatt LLC
E: gritchie@gfrlaw.com
T: 410.576.4131
Bud Conner
Director - Forensic Technology
Solutions
BDO USA, LLP
E: BConner@bdo.com
T: 216.325.1732
64. ► You may ask a question at anytime throughout the presentation today. Simply click on the question mark icon located on the floating tool bar on the bottom right side of your screen. Type
your question in the box that appears and click send.
► Questions will be answered in the order they are received.
Q&A:
October 26, 2016
64
SEGMENT 4:
William "Chip" Collins Jr.
Partner
Burr & Forman LLP
SEGMENT 2:
George F. Ritchie
Member
Gordon Feinblatt LLC
SEGMENT 3:
Pamela Passman
President and CEO
Center for Responsible Enterprise
And Trade (CREATe.org)
SEGMENT 1:
Bud Conner
Director - Forensic Technology
Solutions
BDO USA, LLP
65. October 26, 2016
65
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