Trade secret theft is a hot topic among companies today. Winston & Strawn attorneys David Enzminger, Sheryl Falk, and John Keville have successfully prosecuted trade secret cases across the US. In this dynamic presentation, these experienced attorneys shared practical advice to help you navigate your trade secret issues.
This document summarizes the state of third-party litigation funding in Ireland according to the following key points in 3 sentences:
Third-party litigation funding is generally not permitted in Ireland due to common law rules against maintenance and champerty. While the courts have considered updating these laws, they have so far affirmed that third-party funding remains unlawful without legislative change. Some alternative options are available like conditional fee agreements, but professional third-party funding by those without a pre-existing interest in the litigation remains prohibited.
This course provides an overview of recent developments in protections for corporate whistleblowers, including the recently enacted Taxpayer First Act whistleblower protection law, Sarbanes-Oxley protected conduct, protections for cybersecurity whistleblowers, the impact of Wadler on gatekeeper whistleblower protections, the expanding scope of actionable retaliation, and the burden of proof under SOX.
Winston & Strawn’s Labor & Employment Practice hosted an eLunch titled “Defend Trade Secrets Act: Obligations and Opportunities” on May 31, 2016.
In today’s highly mobile and competitive marketplace, employers all too often face actual or threatened theft of company trade secrets and other confidential information. To address this growing business concern, President Barack Obama signed into law the bi-partisan Defend Trade Secrets Act (DTSA) on May 11, 2016. The DTSA federalizes trade secrets law, thereby providing employers a clear path to enforce their trade secret rights in federal court.
During this eLunch, Winston & Strawn Partners Dan Fazio and Cardelle Spangler provided an important overview of what employers need to know about the DTSA, including:
• Overview of DTSA
• Comparison of the DTSA to the Uniform Trade Secrets Act
• Provisions unique to the DTSA
• DTSA’s whistleblower immunity provision
• DTSA’s notice requirements
• Tips and best practices for employers to protect trade secrets
Defend Trade Secrets Act of 2016: A Polsinelli Update SeriesPolsinelli PC
Just last Wednesday, President Obama signed into law a major revision to U.S. trade secrets law. Entitled the Defend Trade Secrets Act of 2016 (“DTSA”), the legislation creates, for the first time, a Federal private, civil cause of action to protect trade secrets. As an additional body of protection over and beyond current state law, the legislation provides for nationwide substantive and procedural consistency and enhances the basic remedies of injunctive relief and damages. Most significantly, for the first time, it will provide for ex parte civil seizure of stolen trade secrets.
The following provisions of the new law will be discussed, along with implications for labor and employment practitioners:
-Details of the new law’s major provisions and the differences from and advantages over current state law;
-Requirements for and limitations on obtaining ex parte seizure;
-Enhanced judicial protections from disclosure in litigation;
-New protections for whistleblowers who disclose trade secrets to governmental authorities or courts;
-New requirements for employment agreements and policy documents containing confidentiality provisions
A number of laws protect whistleblowers from retaliatory adverse employment actions.
Course Content
Whistleblower Protection Laws
Defining "Protected Activity" and "Adverse Action" in Sarbanes-Oxley Retaliation Claims
Detangling Causation Issues
Whistleblower Rewards, Damages and Remedies
Employer vs. Whistleblower Best Practices
New Developments in SEC Whistleblower Program
This document outlines an economic and trade agreement between the United States and China. Key points include:
- The agreement recognizes the importance of intellectual property protection and enforcement.
- It establishes obligations for both countries to strengthen protection of trade secrets, pharmaceutical patents, and combat online piracy.
- China agrees to reform its laws to shift the burden of proof to defendants in trade secret cases, expedite takedowns of infringing online content, and revoke operating licenses of e-commerce platforms that fail to curb counterfeit goods.
- The US affirms its existing measures meet the standards in the agreement. Both countries pledge cooperation on intellectual property issues.
Whistleblowers on Wall Street: A Guide to SEC Whistleblower Rewards and Prote...John Howley, Esq.
Thinking about blowing the whistle on securities fraud? Prominent whistleblower lawyer John Howley, Esq. walks you through the basic steps to reporting securities fraud (including anonymously), claiming whistleblower rewards, and protecting yourself from illegal retaliation. These slides are designed for both non-lawyer whistleblowers and lawyers who want to learn how to help their clients.
Finding Hidden Assets in a Matrimonial Case - Tully Rinckey PLLC CLETully Rinckey
Be the attorney you dreamed of being. Jump start your career with Tully Rinckey PLLC:
http://www.tullylegal.com/careers/
July, 2015 - This course will be led by Tully Rinckey PLLC Partner Mario Cometti, Esq. Mr. Cometti will draw upon his experience as a former partner in a New York City law firm representing high net worth individuals in complex divorce proceedings to assist attorneys of all levels of skill and experience in improving their legal knowledge regarding discovery procedures and techniques. Mr. Cometti will provide guidance to attorneys on the Civil Practice Laws and Rules and other applicable laws in the context of discovery and successful strategies for finding hidden assets. Mr. Cometti will also provide insight into the potential penalties and remedies when a party fails to comply with discovery demands.
This document summarizes the state of third-party litigation funding in Ireland according to the following key points in 3 sentences:
Third-party litigation funding is generally not permitted in Ireland due to common law rules against maintenance and champerty. While the courts have considered updating these laws, they have so far affirmed that third-party funding remains unlawful without legislative change. Some alternative options are available like conditional fee agreements, but professional third-party funding by those without a pre-existing interest in the litigation remains prohibited.
This course provides an overview of recent developments in protections for corporate whistleblowers, including the recently enacted Taxpayer First Act whistleblower protection law, Sarbanes-Oxley protected conduct, protections for cybersecurity whistleblowers, the impact of Wadler on gatekeeper whistleblower protections, the expanding scope of actionable retaliation, and the burden of proof under SOX.
Winston & Strawn’s Labor & Employment Practice hosted an eLunch titled “Defend Trade Secrets Act: Obligations and Opportunities” on May 31, 2016.
In today’s highly mobile and competitive marketplace, employers all too often face actual or threatened theft of company trade secrets and other confidential information. To address this growing business concern, President Barack Obama signed into law the bi-partisan Defend Trade Secrets Act (DTSA) on May 11, 2016. The DTSA federalizes trade secrets law, thereby providing employers a clear path to enforce their trade secret rights in federal court.
During this eLunch, Winston & Strawn Partners Dan Fazio and Cardelle Spangler provided an important overview of what employers need to know about the DTSA, including:
• Overview of DTSA
• Comparison of the DTSA to the Uniform Trade Secrets Act
• Provisions unique to the DTSA
• DTSA’s whistleblower immunity provision
• DTSA’s notice requirements
• Tips and best practices for employers to protect trade secrets
Defend Trade Secrets Act of 2016: A Polsinelli Update SeriesPolsinelli PC
Just last Wednesday, President Obama signed into law a major revision to U.S. trade secrets law. Entitled the Defend Trade Secrets Act of 2016 (“DTSA”), the legislation creates, for the first time, a Federal private, civil cause of action to protect trade secrets. As an additional body of protection over and beyond current state law, the legislation provides for nationwide substantive and procedural consistency and enhances the basic remedies of injunctive relief and damages. Most significantly, for the first time, it will provide for ex parte civil seizure of stolen trade secrets.
The following provisions of the new law will be discussed, along with implications for labor and employment practitioners:
-Details of the new law’s major provisions and the differences from and advantages over current state law;
-Requirements for and limitations on obtaining ex parte seizure;
-Enhanced judicial protections from disclosure in litigation;
-New protections for whistleblowers who disclose trade secrets to governmental authorities or courts;
-New requirements for employment agreements and policy documents containing confidentiality provisions
A number of laws protect whistleblowers from retaliatory adverse employment actions.
Course Content
Whistleblower Protection Laws
Defining "Protected Activity" and "Adverse Action" in Sarbanes-Oxley Retaliation Claims
Detangling Causation Issues
Whistleblower Rewards, Damages and Remedies
Employer vs. Whistleblower Best Practices
New Developments in SEC Whistleblower Program
This document outlines an economic and trade agreement between the United States and China. Key points include:
- The agreement recognizes the importance of intellectual property protection and enforcement.
- It establishes obligations for both countries to strengthen protection of trade secrets, pharmaceutical patents, and combat online piracy.
- China agrees to reform its laws to shift the burden of proof to defendants in trade secret cases, expedite takedowns of infringing online content, and revoke operating licenses of e-commerce platforms that fail to curb counterfeit goods.
- The US affirms its existing measures meet the standards in the agreement. Both countries pledge cooperation on intellectual property issues.
Whistleblowers on Wall Street: A Guide to SEC Whistleblower Rewards and Prote...John Howley, Esq.
Thinking about blowing the whistle on securities fraud? Prominent whistleblower lawyer John Howley, Esq. walks you through the basic steps to reporting securities fraud (including anonymously), claiming whistleblower rewards, and protecting yourself from illegal retaliation. These slides are designed for both non-lawyer whistleblowers and lawyers who want to learn how to help their clients.
Finding Hidden Assets in a Matrimonial Case - Tully Rinckey PLLC CLETully Rinckey
Be the attorney you dreamed of being. Jump start your career with Tully Rinckey PLLC:
http://www.tullylegal.com/careers/
July, 2015 - This course will be led by Tully Rinckey PLLC Partner Mario Cometti, Esq. Mr. Cometti will draw upon his experience as a former partner in a New York City law firm representing high net worth individuals in complex divorce proceedings to assist attorneys of all levels of skill and experience in improving their legal knowledge regarding discovery procedures and techniques. Mr. Cometti will provide guidance to attorneys on the Civil Practice Laws and Rules and other applicable laws in the context of discovery and successful strategies for finding hidden assets. Mr. Cometti will also provide insight into the potential penalties and remedies when a party fails to comply with discovery demands.
Risk Containment: Tailoring Contract Provisions with Third Parties to Minimiz...Ethisphere
This document discusses risk containment strategies for tailoring contract provisions with third parties to minimize risks under the Foreign Corrupt Practices Act (FCPA) and maximize compliance safeguards. It recommends including core provisions like anti-corruption representations and warranties, audit rights, and termination rights. Government expectations for diligence, oversight and preventative measures with third parties are high given most FCPA cases involve third parties and companies are liable for their actions.
The document summarizes the benefits provided by LegalShield, including:
1. Unlimited legal advice on any personal or business matter, including pre-existing conditions. 24/7 emergency legal assistance.
2. Letters and phone calls on the member's behalf at the provider lawyer's discretion. Legal document review of up to 10 pages each. Standard will preparation and other legal documents for a fee.
3. Motor vehicle legal services including help with traffic violations, accidents, and available 15 days after enrollment only if valid driver's license.
4. Trial defense providing up to 60 hours of attorney time the first year as a named defendant, increasing hours each renewal year.
5. Identity theft protection and
This document summarizes ethics rules regarding technology and the practice of law. It discusses limits on fee-sharing with non-lawyers, paying for referrals, online legal document preparation, unauthorized practice of law, illegal investigations, communications with represented persons, viewing public social media information, marketing on social media, responding to negative reviews, preserving evidence, protecting client confidentiality, handling client funds, and receiving payments. The document provides guidance to lawyers on complying with ethics rules when using technology in legal practice.
2019 Insurance Law Series: Insurance Coverage for Business Torts & Related Cl...Quarles & Brady
This document summarizes various types of insurance policies that may provide coverage for business tort and related claims, including commercial general liability (CGL), directors and officers liability (D&O), errors and omissions (E&O), and specialty policies. It discusses the potential coverage under each policy type and key issues that arise, such as determining whether a claim constitutes a covered offense or arises from covered advertising activities. The duty to defend is broader than the duty to indemnify and depends on whether the allegations could potentially fall within coverage.
The document provides updates on recent legal and regulatory changes in Vietnam across various industries such as banking, real estate, securities, telecommunications, and business. Key highlights include a new regulation on bank guarantees issued by the State Bank of Vietnam, amendments allowing real estate investment funds, permitting up to 100% foreign ownership in certain public companies, and tighter rules around private placements in public companies.
The UK Bribery Act 2010 introduces several new bribery offenses that expand the UK's jurisdiction over bribery. It prohibits bribery of foreign officials, private individuals, and failure by companies to prevent bribery. It covers both UK and non-UK companies that do business in the UK. Penalties are severe, including up to 10 years in prison and unlimited fines. Guidance on an "adequate procedures" defense for companies is forthcoming but compliance is critical to avoid prosecution under the Act's broad reach.
Introduction to US Privacy and Data Security Regulations and Requirements (Se...Financial Poise
The United States has no federal data security or privacy law covering all businesses or all U.S. citizens. Instead, federal agencies and individual states have created their own patchwork of laws and regulations which must be evaluated for their application to a business.
This webinar will help you navigate the overlapping and sometimes confusing system of laws and regulations which may impact your business, ranging from emerging state-level privacy legislation to the numerous data breach notification statutes to cybersecurity regulations with extraterritorial effect.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/introduction-to-us-privacy-and-data-security-regulations-and-requirements-2021/
This document provides information about an industrial special risks policy, including details about claims handling procedures. It discusses the insurer (Lloyds), complaints procedures, privacy policies, and duties of disclosure. It also outlines procedures for material damage, loss, and liability claims, including what information and documentation need to be provided for each claim type.
A review of insider trading law, with emphasis on its application to recent cases involving hedge funds. Reviews Preet Bharara’s scorecard, the Galleon case, materiality and the “Mosaic Theory," and tipping chains.
Leveraging & Protecting Trade Secrets in the 21st Century (Series: Intellectu...Financial Poise
Trade secrets are a more important form of an intellectual property asset than ever. Congress recently passed the Defend Trade Secrets Act of 2016, which created new federal laws that allow an owner of a trade secret to sue in federal court when its trade secrets have been misappropriated. And as technology continues to exponentially progress in the digital age of the 21st Century, the need for businesses to protect and limit access to valuable and confidential trade secret information continues to rise. The progress in technology and expansion of information also promotes means for monetizing and leveraging trade secrets. How do you identify your trade secrets, protect them, and leverage them? These are the questions this cutting-edge webinar discusses and seeks to answer.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/leveraging-protecting-trade-secrets-2020/
Leveraging & Protecting Trade Secrets in the 21st Century (Series: Intellectu...Financial Poise
Trade secrets are a more important form of an intellectual property asset than ever.
Congress recently passed the Defend Trade Secrets Act of 2016, which created new federal laws that allow an owner of a trade secret to sue in federal court when its trade secrets have been misappropriated. And as technology continues to exponentially progress in the digital age of the 21st Century, the need for businesses to protect and limit access to valuable and confidential trade secret information continues to rise. The progress in technology and expansion of information also promotes means for monetizing and leveraging trade secrets.
How do you identify your trade secrets, protect them, and leverage them? These are the questions this cutting-edge webinar discusses and seeks to answer.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/leveraging-protecting-trade-secrets-in-the-21st-century-2021/
Hey that's my client! Protecting client lists and confidential information wh...Mike Fourcher
Presented by Jennifer E. Novoselsky, Reyes Kurson, Ltd. at 2018 NAMWOLF Conference
A company’s client lists and related intelligence, such as risk tolerance or purchasing history, are extremely valuable and must be protected. This program will explore the application of trade secret law to client lists, provide practical steps to safeguard these lists and quickly detect misappropriation, and identify the litigation options available when a former employee pilfers the company client list and uses it to solicit clients. With a Chicago pop culture theme, the program will help you answer three critical questions: (1) Are my client lists and information protected trade secrets? (2) What steps should the company take to protect this information and our client relationships? (3) Our employee just resigned, copied our client list and is soliciting our customers – how can I stop her?
Insider trading regulations in the US and Turkey are summarized and compared. The US has the most comprehensive regulations including Section 16, Rule 10b-5 (classical and misappropriation theories), and Rule 14e-3. Turkey's only specific regulation is in the Capital Markets Law. Differences include the US focus on fiduciary duty breaches while Turkey views it as public fraud. Proposals for Turkey include clarifying materiality in laws, allowing cases without profit/loss, and adopting rules similar to bounties and Regulation FD.
The document outlines the Central Civil Service Conduct Rules that impose restrictions on government employees in India. It provides a list of dos and don'ts for employees, which include maintaining integrity, devotion to duty, political neutrality, and prohibitions against accepting gifts or hospitality. It also describes aspects of vigilance for enforcing standards of conduct, including the structure for investigating cases, what constitutes a vigilance angle, penalties for misconduct, and preventative vigilance through transparency and accountability measures.
This document discusses factors for determining if information qualifies as a trade secret. It outlines 6 key factors: 1) how widely the information is known inside and outside the company, 2) measures taken to maintain secrecy, 3) the information's value, 4) costs to develop it, 5) ease of duplicating it, and 6) liability for misappropriation. Written agreements with employees can help protect trade secrets through clauses on inventions ownership, nondisclosure, nonsolicitation, and noncompetition.
The Defend Trade Secrets Act of 2016 creates a federal civil cause of action for trade secret misappropriation. It does not preempt existing state trade secret laws. The Act defines trade secret misappropriation and improper means of acquiring a trade secret. It establishes a three-year statute of limitations and allows for remedies such as civil seizure, injunction, damages, and attorney fees in cases of willful and malicious misappropriation.
The revamped Cyprus International Trust (CIT), provides for the highest possible degree of asset protection internationally, extensive tax benefits and strong confidentiality capabilities.
This document discusses factors considered in determining trade secret status and liability for misappropriation of trade secrets. There are six factors examined: 1) how widely the information is known inside and outside the company, 2) measures taken to maintain secrecy, 3) the information's value, 4) costs to develop it, 5) ease of duplicating it, and 6) its disclosure in employment relationships. Written agreements can establish nondisclosure, nonsolicitation, and noncompete terms to protect company information and inventions.
The document discusses insider trading regulations in the United States and proposes reforms for Turkey. It provides definitions of insider trading and outlines who qualifies as insiders. US regulations such as Section 16, Rule 10b-5, and Rule 14e-3 are summarized. The document also compares US and Turkish regulations, enforcement, and hypothetical applications of famous US insider trading cases in Turkey. It concludes with proposals to strengthen Turkey's regulations, such as expanding the definition of insider trading and adding penalties and bounty provisions.
Cyber risk related to information security is growing. A potentially huge exposure for transportation companies is the personal data of their current and prospective drivers.
This document discusses regulations on insider trading in the United States and Turkey and proposes adopting additional regulations in Turkey. It defines insider trading and outlines who can be considered insiders. It describes the key US regulations including Section 16 of the 1934 Exchange Act, SEC Rule 10b-5 which established the classical and misappropriation theories of insider trading liability, and Rule 14e-3 related to tender offers. It compares investigations, regulations, and enforcement between the two countries and notes Turkey has fewer specific regulations and enforcement actions compared to more comprehensive US regulations. It proposes considering how famous US insider trading cases may have been handled in Turkey.
Risk Containment: Tailoring Contract Provisions with Third Parties to Minimiz...Ethisphere
This document discusses risk containment strategies for tailoring contract provisions with third parties to minimize risks under the Foreign Corrupt Practices Act (FCPA) and maximize compliance safeguards. It recommends including core provisions like anti-corruption representations and warranties, audit rights, and termination rights. Government expectations for diligence, oversight and preventative measures with third parties are high given most FCPA cases involve third parties and companies are liable for their actions.
The document summarizes the benefits provided by LegalShield, including:
1. Unlimited legal advice on any personal or business matter, including pre-existing conditions. 24/7 emergency legal assistance.
2. Letters and phone calls on the member's behalf at the provider lawyer's discretion. Legal document review of up to 10 pages each. Standard will preparation and other legal documents for a fee.
3. Motor vehicle legal services including help with traffic violations, accidents, and available 15 days after enrollment only if valid driver's license.
4. Trial defense providing up to 60 hours of attorney time the first year as a named defendant, increasing hours each renewal year.
5. Identity theft protection and
This document summarizes ethics rules regarding technology and the practice of law. It discusses limits on fee-sharing with non-lawyers, paying for referrals, online legal document preparation, unauthorized practice of law, illegal investigations, communications with represented persons, viewing public social media information, marketing on social media, responding to negative reviews, preserving evidence, protecting client confidentiality, handling client funds, and receiving payments. The document provides guidance to lawyers on complying with ethics rules when using technology in legal practice.
2019 Insurance Law Series: Insurance Coverage for Business Torts & Related Cl...Quarles & Brady
This document summarizes various types of insurance policies that may provide coverage for business tort and related claims, including commercial general liability (CGL), directors and officers liability (D&O), errors and omissions (E&O), and specialty policies. It discusses the potential coverage under each policy type and key issues that arise, such as determining whether a claim constitutes a covered offense or arises from covered advertising activities. The duty to defend is broader than the duty to indemnify and depends on whether the allegations could potentially fall within coverage.
The document provides updates on recent legal and regulatory changes in Vietnam across various industries such as banking, real estate, securities, telecommunications, and business. Key highlights include a new regulation on bank guarantees issued by the State Bank of Vietnam, amendments allowing real estate investment funds, permitting up to 100% foreign ownership in certain public companies, and tighter rules around private placements in public companies.
The UK Bribery Act 2010 introduces several new bribery offenses that expand the UK's jurisdiction over bribery. It prohibits bribery of foreign officials, private individuals, and failure by companies to prevent bribery. It covers both UK and non-UK companies that do business in the UK. Penalties are severe, including up to 10 years in prison and unlimited fines. Guidance on an "adequate procedures" defense for companies is forthcoming but compliance is critical to avoid prosecution under the Act's broad reach.
Introduction to US Privacy and Data Security Regulations and Requirements (Se...Financial Poise
The United States has no federal data security or privacy law covering all businesses or all U.S. citizens. Instead, federal agencies and individual states have created their own patchwork of laws and regulations which must be evaluated for their application to a business.
This webinar will help you navigate the overlapping and sometimes confusing system of laws and regulations which may impact your business, ranging from emerging state-level privacy legislation to the numerous data breach notification statutes to cybersecurity regulations with extraterritorial effect.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/introduction-to-us-privacy-and-data-security-regulations-and-requirements-2021/
This document provides information about an industrial special risks policy, including details about claims handling procedures. It discusses the insurer (Lloyds), complaints procedures, privacy policies, and duties of disclosure. It also outlines procedures for material damage, loss, and liability claims, including what information and documentation need to be provided for each claim type.
A review of insider trading law, with emphasis on its application to recent cases involving hedge funds. Reviews Preet Bharara’s scorecard, the Galleon case, materiality and the “Mosaic Theory," and tipping chains.
Leveraging & Protecting Trade Secrets in the 21st Century (Series: Intellectu...Financial Poise
Trade secrets are a more important form of an intellectual property asset than ever. Congress recently passed the Defend Trade Secrets Act of 2016, which created new federal laws that allow an owner of a trade secret to sue in federal court when its trade secrets have been misappropriated. And as technology continues to exponentially progress in the digital age of the 21st Century, the need for businesses to protect and limit access to valuable and confidential trade secret information continues to rise. The progress in technology and expansion of information also promotes means for monetizing and leveraging trade secrets. How do you identify your trade secrets, protect them, and leverage them? These are the questions this cutting-edge webinar discusses and seeks to answer.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/leveraging-protecting-trade-secrets-2020/
Leveraging & Protecting Trade Secrets in the 21st Century (Series: Intellectu...Financial Poise
Trade secrets are a more important form of an intellectual property asset than ever.
Congress recently passed the Defend Trade Secrets Act of 2016, which created new federal laws that allow an owner of a trade secret to sue in federal court when its trade secrets have been misappropriated. And as technology continues to exponentially progress in the digital age of the 21st Century, the need for businesses to protect and limit access to valuable and confidential trade secret information continues to rise. The progress in technology and expansion of information also promotes means for monetizing and leveraging trade secrets.
How do you identify your trade secrets, protect them, and leverage them? These are the questions this cutting-edge webinar discusses and seeks to answer.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/leveraging-protecting-trade-secrets-in-the-21st-century-2021/
Hey that's my client! Protecting client lists and confidential information wh...Mike Fourcher
Presented by Jennifer E. Novoselsky, Reyes Kurson, Ltd. at 2018 NAMWOLF Conference
A company’s client lists and related intelligence, such as risk tolerance or purchasing history, are extremely valuable and must be protected. This program will explore the application of trade secret law to client lists, provide practical steps to safeguard these lists and quickly detect misappropriation, and identify the litigation options available when a former employee pilfers the company client list and uses it to solicit clients. With a Chicago pop culture theme, the program will help you answer three critical questions: (1) Are my client lists and information protected trade secrets? (2) What steps should the company take to protect this information and our client relationships? (3) Our employee just resigned, copied our client list and is soliciting our customers – how can I stop her?
Insider trading regulations in the US and Turkey are summarized and compared. The US has the most comprehensive regulations including Section 16, Rule 10b-5 (classical and misappropriation theories), and Rule 14e-3. Turkey's only specific regulation is in the Capital Markets Law. Differences include the US focus on fiduciary duty breaches while Turkey views it as public fraud. Proposals for Turkey include clarifying materiality in laws, allowing cases without profit/loss, and adopting rules similar to bounties and Regulation FD.
The document outlines the Central Civil Service Conduct Rules that impose restrictions on government employees in India. It provides a list of dos and don'ts for employees, which include maintaining integrity, devotion to duty, political neutrality, and prohibitions against accepting gifts or hospitality. It also describes aspects of vigilance for enforcing standards of conduct, including the structure for investigating cases, what constitutes a vigilance angle, penalties for misconduct, and preventative vigilance through transparency and accountability measures.
This document discusses factors for determining if information qualifies as a trade secret. It outlines 6 key factors: 1) how widely the information is known inside and outside the company, 2) measures taken to maintain secrecy, 3) the information's value, 4) costs to develop it, 5) ease of duplicating it, and 6) liability for misappropriation. Written agreements with employees can help protect trade secrets through clauses on inventions ownership, nondisclosure, nonsolicitation, and noncompetition.
The Defend Trade Secrets Act of 2016 creates a federal civil cause of action for trade secret misappropriation. It does not preempt existing state trade secret laws. The Act defines trade secret misappropriation and improper means of acquiring a trade secret. It establishes a three-year statute of limitations and allows for remedies such as civil seizure, injunction, damages, and attorney fees in cases of willful and malicious misappropriation.
The revamped Cyprus International Trust (CIT), provides for the highest possible degree of asset protection internationally, extensive tax benefits and strong confidentiality capabilities.
This document discusses factors considered in determining trade secret status and liability for misappropriation of trade secrets. There are six factors examined: 1) how widely the information is known inside and outside the company, 2) measures taken to maintain secrecy, 3) the information's value, 4) costs to develop it, 5) ease of duplicating it, and 6) its disclosure in employment relationships. Written agreements can establish nondisclosure, nonsolicitation, and noncompete terms to protect company information and inventions.
The document discusses insider trading regulations in the United States and proposes reforms for Turkey. It provides definitions of insider trading and outlines who qualifies as insiders. US regulations such as Section 16, Rule 10b-5, and Rule 14e-3 are summarized. The document also compares US and Turkish regulations, enforcement, and hypothetical applications of famous US insider trading cases in Turkey. It concludes with proposals to strengthen Turkey's regulations, such as expanding the definition of insider trading and adding penalties and bounty provisions.
Cyber risk related to information security is growing. A potentially huge exposure for transportation companies is the personal data of their current and prospective drivers.
This document discusses regulations on insider trading in the United States and Turkey and proposes adopting additional regulations in Turkey. It defines insider trading and outlines who can be considered insiders. It describes the key US regulations including Section 16 of the 1934 Exchange Act, SEC Rule 10b-5 which established the classical and misappropriation theories of insider trading liability, and Rule 14e-3 related to tender offers. It compares investigations, regulations, and enforcement between the two countries and notes Turkey has fewer specific regulations and enforcement actions compared to more comprehensive US regulations. It proposes considering how famous US insider trading cases may have been handled in Turkey.
Cayman Islands Data Protection Law - Bell Rock GroupBell Rock Group
Overview of the new Data Protection Law (DPL) that will come into Law on 30th September 2019 and how this will affect Cayman entities, including investment funds.
This document provides an overview of insurance options to protect clients from fraud, including employee dishonesty, computer fraud, and theft. It discusses common types of fraud, available insurance policies like fidelity bonds and crime policies, risk management techniques, and the claims process. The claims process involves fact finding, contacting authorities and attorneys, protecting the organization, and ongoing work with insurers and other parties. Directors' and officers' insurance may also apply depending on the situation.
The document summarizes recent developments in whistleblower law, including jury verdicts awarding millions of dollars in damages in Sarbanes-Oxley (SOX) retaliation cases. It discusses expansions to the types of conduct protected under SOX, Dodd-Frank, the False Claims Act, and the National Defense Authorization Act. It also notes increased enforcement by the SEC of Dodd-Frank's anti-gag provision and compares the differences between protections offered under the various whistleblower statutes.
The document discusses factors courts examine to determine if information qualifies for trade secret protection, including how secret the information is inside and outside the company, measures taken to maintain secrecy, the information's value, costs to develop it, and ease of duplicating it. It also provides an overview of trade secret law, how information can be protected as both a trade secret and under copyright or patent law, and the relationship between trade secret and contractual agreements.
Explores:
1. Introduction to Privacy Regimes in the United States and Abroad
2. Mobile Applications and Devices
3. Lawful Collection and Use of “Big Data”
4. International Privacy and Cross-Border Data Transfers
5. Data Security Requirements and Data Breach Response
6. IT Outsourcing and the Cloud
7. Recent Developments and Emerging Issues
The document discusses insider trading regulations in the United States and proposes reforms for Turkey. It defines insider trading and outlines who can be considered insiders. US regulations are described in detail, including key laws like Section 16, Rule 10b-5, and Rule 14e-3. Theories of liability like the traditional and misappropriation theories are explained. Enforcement in the US is compared to Turkey, noting Turkey has fewer regulations and enforcement actions. Famous US cases are discussed in the context of Turkey to highlight differences. The document proposes reforms for Turkey like expanding the definition of insider trading and adding penalties and bounty provisions.
Similar to Strategies to Maintain and Enforce your Trade Secrets (20)
Companies operating with employees in the U.S. need to be aware of state and federal employment laws. Employees can be a business’s greatest asset, but it may seem that there is a potential employment pitfall at every turn. The consequences of mishandling issues can be costly and time-consuming.
On June 13, 2019, Winston hosted the inaugural Nordic Session – “Avoiding Employment Law Landmines” presented by Monique Ngo-Bonnici, Jason Campbell, and Nordic Session hosts Uri Doron and Jared Manes. The presenters discussed employment litigation trends and provided practical strategies on a number of labor and employment-related issues.
More information, including an audio recording, is available here:
https://www.winston.com/en/thought-leadership/the-nordic-sessions-avoiding-employment-law-landmines.html
Latest Developments Regarding Arbitration in Hong Kong and Mainland ChinaWinston & Strawn LLP
The arbitration landscape is ever-changing, with new legislation being promulgated, cases coming up, and ideas being tested. In part three of this series, Partner Terence Wong explored the latest developments regarding arbitration in Hong Kong and Mainland China, including a case handed down by the Court of Final Appeal, and a decision of the Indian Court dealing with the split of the China International Economic and Trade Arbitration Commission (CIETAC), which may have an impact on the enforcement of CIETAC arbitral awards in other jurisdictions.
Contact Winston & Strawn for more information about this presentation: https://www.winston.com/en/thought-leadership/latest-developments-regarding-arbitration-in-hong-kong-and-mainland-china.html
Recent Trends in Regulatory Actions Impacting Banks and Financial InstitutionsWinston & Strawn LLP
This presentation addresses recent trends in regulatory actions impacting banks and financial institutions. It focuses on how attendees can minimize their impact on their respective organizations as a lawyer, leader of a line of business, member of the Board of Directors, or a risk management, compliance, finance, and internal audit professional.
The presentation also addresses trends in formal enforcement actions, observations related to recent regulatory agency matters, and noteworthy recent public enforcement matters. It includes lessons learned in preventing matters requiring attention from turning into formal actions and best practices in conducting lookback reviews.
More information, including an audio recording, is available here: https://www.winston.com/en/thought-leadership/recent-trends-in-regulatory-actions-impacting-banks-and-financial-institutions.html.
For better or worse, electronic data is at the heart of many legal investigations. Therefore, it is becoming increasingly important for lawyers to have a basic understanding of computer forensics including:
- what computer forensics is and what types of things can a computer forensic expert do;
- types of mistakes lawyers or IT professionals make that can corrupt, alter, or destroy evidence that is key to investigations;
what types of electronic evidence exists;
- ways to work efficiently and effectively with a computer forensic expert; and
- when to consider hiring and how to choose a computer forensic expert as part of an investigation
Learn more from Winston & Strawn and listen to the presentation here: https://www.winston.com/en/thought-leadership/computer-forensics-what-every-lawyer-needs-to-know.html.
Maximizing Deductions in Light of the Section 162(m) GuidanceWinston & Strawn LLP
Winston & Strawn’s Employee Benefits & Executive Compensation Practice hosted “Maximizing Deductions in Light of the Section 162(m) Guidance” on September 6, 2018.
The IRS recently issued Notice 2018-68 providing much anticipated guidance on the key issues with respect to the Section 162(m) amendments added by the Tax Cuts and Jobs Act.
Partners Michael Melbinger, Nyron Persaud, and Ruth Wimer presented this webinar focused on understanding the impact of Notice 2018-68, including:
- Brief overview of the changes in Section 162(m) as a result of the Tax Act
- In depth discussion and analysis of Notice 2018-68: Covered employee, written binding contract, material modification
- “To do” list for maximizing deductions going forward
- Alternative compensation strategies
- Proxy Statement Reporting
- Accounting issues
Learn more here: https://www.winston.com/en/thought-leadership/maximizing-deduction-in-light-of-the-section-162m-guidance.html.
Regulators on the Move – Recent Treasury and Comptroller Actions: How They Af...Winston & Strawn LLP
This document summarizes recent regulatory actions and initiatives that affect financial institutions and their boards of directors. It discusses a Treasury report on nonbank financial companies and fintech, the OCC's announcement allowing fintech companies to apply for national bank charters, the BCFP's participation in an international fintech regulatory cooperation group, and other related developments. The actions reflect a changing landscape with increasing fintech competition and opportunities for banks through partnerships with innovative companies. Banks will need to carefully navigate the uncertainties of these overlapping and possibly conflicting regulatory initiatives.
Winston & Strawn's Employee Benefits & Executive Compensation Practice hosted an eLunch to discuss key issues faced by plan sponsors during IRS and DOL audits of retirement plans. The most common problem areas identified by IRS and DOL agents were addressed, with practical tips for plan sponsors on how to establish and maintain internal controls to help avoid compliance errors. Topics included:
-The most significant issues DOL agents focus on during audits, including missing participants, late payroll deposits, and missed employee communications
-The most significant issues IRS agents focus on during audits, including definitions of compensation, age 70-1/2 distributions, employee eligibility requirements, and properly updated plan documents
-Steps employers can take in order to improve their internal controls for compliance with IRS and DOL requirements
Contact Winston & Strawn for more information about this presentation:
https://www.winston.com/en/thought-leadership/irs-and-dol-audit-issues-for-retirement-plans.html
Solutions to Section 301 Tariffs on Products from China—Managing the Shock of...Winston & Strawn LLP
As part of an on-going international trade dispute between the United States and China, on July 6, 2018, the U.S. Trade Representative (USTR) imposed additional 25% tariffs on the importation of products from China that fall within 818 different classifications of the Harmonized Tariff Schedule of the United States (HTSUS). Since that time, the USTR has proposed additional 25% tariffs on an another large group of tariff classifications, and the week of July 9 proposed additional 10% tariffs on a third set of tariff classifications. These additional tariffs are based on an investigation under Section 301 of the Trade Act of 1974 into the government of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation.
These Section 301 tariffs are a financial shock to many Chinese suppliers and their U.S. customers and may even drive some companies out of business. However, there are procedures available for seeking removal of certain HTSUS classes of goods from the Section 301 tariffs, other procedures for seeking exemptions of particular products from those tariffs, and if necessary, supply chains can be reconfigured to avoid those tariffs.
Contact Winston & Strawn for more information about this presentation: https://www.winston.com/en/thought-leadership/solutions-to-section-301-tariffs-on-products-from-chinamanaging-the-shock-of-25-increase-in-cost-of-goods.html.
Best Practices for Anti-Bribery and Anti-Corruption (ABAC) ComplianceWinston & Strawn LLP
Winston & Strawn hosted a webinar titled “Best Practices for Anti-Bribery and Anti-Corruption (ABAC) Compliance.”
The interactive webinar focused on the following ABAC compliance topics:
- Anti-bribery and anti-corruption authorities
- Essential elements of a comprehensive and effective compliance program
- Implementing your compliance program in real-world scenarios
- Problem management and escalation protocol
Winston & Strawn partners Peter Crowther, Nicholas Usher, and Eva Davis hosted a discussion on the latest developments in international corporate transactions and antitrust/competition law.
Among other topics, they discussed current market practices for U.S. companies doing transactions in Europe, as well as key takeaways from some of the recent matters they have handled.
The document provides an overview of recent legislative, regulatory, and policy developments that are impacting the financial services industry. Key points include:
- The Economic Growth, Regulatory Relief, and Consumer Protection Act provides regulatory relief for smaller banks and raises various asset thresholds.
- Recent speeches by Federal Reserve officials emphasize transparency in regulatory policies and balancing pre-positioning of capital with flexibility.
- The OCC Comptroller is urging banks to meet consumers' short-term small dollar credit needs.
- The presentation discusses the implications of these changes for regulatory burden, competition between large and small banks, and issues for banks' boards of directors to consider.
Trade Secret Protection: Practical Advice on Protecting and Defending Your Or...Winston & Strawn LLP
Winston's Global Privacy & Data Security Task Force presented an interactive webinar focused on some of the practical ways to prevent theft of key information, investigation tips, and strategies to defend against the use of that information after a theft.
Cryptocurrency Crackdown: What You Need to Know about Enhanced IRS/Government...Winston & Strawn LLP
With a newly assembled team of specialized investigators, the Internal Revenue Service (IRS) has dedicated substantial resources to investigating cryptocurrency use in tax evasion. According to the IRS, any taxpayer who has engaged in a virtual currency transaction without properly reporting it has failed to comply with U.S. tax law.
As John Doe Summonses seeking the identities of investors are served on cryptocurrency trading exchanges, significant IRS civil and criminal investigations will ensue. The New York Attorney General’s Office has announced an investigation into the policies and practices of cryptocurrency trading exchanges. The SEC, CFTC, and other regulators have announced initiatives as well.
Winston & Strawn hosted “Cryptocurrency Crackdown: What You Need to Know about Enhanced IRS/Government Scrutiny of Cryptocurrency Transactions.” The program examined the IRS’s newest substantive and procedural initiatives regarding cryptocurrency transactions, the reporting obligations that U.S. taxpayers must follow, corrective steps that may still be taken to mitigate exposure, and appropriate tax structuring of these transactions.
The program also provided an overview of the latest developments in regulatory investigations.
In 2017, Nevada became the 36th state to ratify the The Equal Rights Amendment (ERA). This spring, Illinois could become the 37th. With one additional state ratification—and one more vote in Congress—our Constitution could finally guarantee equality to all people regardless of sex.
“The Equal Rights Amendment: Legal Issues and Implications” was designed to answer recurring questions about the legal implications of the ratification effort, including why ratifying the ERA is still important and necessary, what the ERA would (and would not) accomplish, and why it is not too late.
https://www.winston.com/en/equal-rights-amendment.html
For a few brief months in late 2017, the five-member National Labor Relations Board (NLRB) operated at full-strength and with a Republican majority for the first time in a decade. The “new” NLRB’s case outcomes were consequential, and included reversals of several perceived pro-labor decisions from the prior Obama NLRB. Then, Chairman Miscimarra’s term expired in December, and the NLRB settled back into a 2-2 equipoise. Looking ahead, employers will likely not wait long for another shift in the NLRB’s political make-up, as President Trump’s latest nominee, Republican John Ring, awaits confirmation by the Senate.
Winston & Strawn Partners Bill Miossi and Derek Barella review the NLRB’s late 2017 flurry of activity and likely issues and agenda items to be taken up by the Trump NLRB in 2018.
2018 Hot Topics for Health & Welfare Plans, Fringe Benefits, and Withholding ...Winston & Strawn LLP
Winston & Strawn’s Employee Benefits & Executive Compensation Practice presented an eLunch titled “2018 Hot Topics for Health & Welfare Plans, Fringe Benefits, and Withholding Rates.”
This presentation featured a discussion of the following hot button issues:
- Updates on Affordable Care Act (ACA) employer shared responsibility
- Tax Act changes to the ACA
- Tax Act changes to fringe benefit rules
- Tax Act changes to employer tax withholding rates, including for bonuses and other supplemental payments
The Real Deal Webinar Series: Delaware Law Developments/Recent Judicial Decis...Winston & Strawn LLP
The presentation included a discussion of current issues and recent judicial decisions affecting M&A transactions and corporate governance for Delaware companies from a transactional perspective.
The EU’s General Data Protection Regulation (GDPR) takes effect on May 25, 2018. GDPR significantly increases the requirements imposed on companies touching the personal data of EU citizens, and also increases oversight by the EU member states’ data protection authorities. And the consequences of non-compliance under GDPR are massive—the greater of €20 million or four percent of the company’s worldwide turnover.
The Real Deal Webinar Series: Practical Advice from a Former Chief Compliance...Winston & Strawn LLP
The presentation included a discussion of practical steps in-house lawyers can take to build, grow, and measure their corporate compliance program, and why such programs are important for companies, especially those preparing for a sale.
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
This document briefly explains the June compliance calendar 2024 with income tax returns, PF, ESI, and important due dates, forms to be filled out, periods, and who should file them?.