Upcoming Trade Secret and Restrictive Covenant Law Learning

As regular readers of this blog know, I focus on providing content and rarely suggest educational programs to attend. However, given that CLE programs are still remote and can be hard to identify, I thought I’d take a moment to call out a few upcoming, content-rich programs. (Links to additional information about the programs, including registration information, are in the program titles.)

In order of timing, they are:

The Ethics of Noncompetes, taking place online on June 2, from 2:00 p.m. to 3:00 p.m. ET. In a panel discussion moderated by my partner, Nicole Daly, Peter Steinmeyer, Erik Weibust, and I will discuss ethical issues concerning noncompetes, including:

  • What the lawyer exemption under Rule 5.6 of the Model Rules of Professional Conduct really means and how the confidentiality rules (Rule 1.6) and successive representation rules (Rule 1.9) affect the practical impact of Rule 5.6.
  • Traps for the unwary lawyer representing parties involved in noncompete matters, including whether you can ethically draft a noncompete for a company with a nationwide workforce, whether you can ethically draft a noncompete that is going to be used for its in terrorem effect, and whether you can — and should — represent both the new employer and the employee it just hired.

Trade Secrets and Restrictive Covenants Conference, taking place online on June 9, from at 9:00 a.m. to 2:15 a.m. ET. The first ever Boston Bar Association conference on trade secrets and restrictive covenants. Panels will include:

  • The Implications of the Massachusetts Noncompetition Agreement Act and Other State and Federal Legislative Developments,” which I will be moderating and speaking on, along with Dawn Mertineit and Max Perlman.
  • Life Cycle of a Key Employee Departure,” which will be a multi-side role-play perspective on risk mitigation during a key employee departure, moderated by Erik Winton, with roles played by Kate PerrelliBarbara RobbMike Rosen, and Jacquelyn White (Assistant General Counsel, Global Labor & Employment, Vertex Pharmaceuticals).
  • Trade Secrets and Restrictive Covenants: A View from the Bench,” which will be moderated by Dani Vanderzanden and consist of Hon. F. Dennis Saylor, IV (Chief Judge, U.S. District Court, District of Massachusetts), Hon. Karen F. Green (Massachusetts Superior Court), Hon. Robert B. Gordon (Massachusetts Superior Court), and Hon. Kenneth Salinger (Massachusetts Superior Court).
  • Trade Secret Protection Programs: What Companies and their Advisors Need to Know Now,” which will be moderated by Carla Reeves, with a panel consisting of my colleague, Hannah T. Joseph, Nicole Nguyen (AVP, Lead Employment Counsel, NetScout Systems, Inc.), and Danielle Sheer (General Counsel, Corporate Secretary, CIPP/US, Bottomline Technologies).

There will also be an 0n-demand segment called the “Basics of Noncompetes and Trade Secrets.”

I also want to take a moment to thank the BBA for agreeing to establish this conference, and for all of the hard work they put into making it happen.

The 2021 Sedona Conference on Developing Guidelines for Trade Secret Issues, taking place online on June 21 (from 12:00-5:15 p.m. ET) and June 22 (from 12:00-4:34 p.m. ET). 

The Conference will present for public dialogue for the first time the consensus, non-partisan publications from Sedona Working Group 12 on Trade Secrets. The publications will be:

    • Commentary on the Proper Identification of Asserted Trade Secrets in Misappropriation Lawsuits
    • Commentary on The Employee Life Cycle Relating to Trade Secrets
    • Commentary on Equitable Remedies in Trade Secret Litigation
    • Commentary on Monetary Remedies in Trade Secret Litigation
    • Commentary on Protecting Trade Secrets in Litigation About Them
    • Commentary on Governance and Management of Information Security and Trade Secrets
    • Commentary on Trade Secret Issues Across International Borders: Extraterritorial Reach
    • Joint Commentary on Cross-Border Discovery in Patent Litigation and Trade Secret Litigation

Not enough?

We are planning a roundtable discussion at the AIPLA Trade Secret Committee to discuss pending legislation at both the state and federal levels and what it means for the trade secret practitioner. The program will be on July 21 at 2:00 p.m. ET. Keep your eyes open for details.

And, for those of you who are already looking ahead to the fall, PLI will be putting on two full-day programs on trade secrets and restrictive covenants:

I hope you can come and learn.