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Putting the Genie Back in the Bottle: Protecting Trade Secrets During and in the Aftermath of COVID-19


Level: Advanced
Runtime: 63 minutes
Recorded Date: May 19, 2020
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Agenda

  • Pre-COVID
  • Crisis – First Response
  • Recovery – Starts Now
  • New Normal – Predictions for the Future

Runtime: 1 hour, 3 minutes
Recorded: May 19, 2020

Description

Trade secrets are often the most valuable form of intellectual property, even more valuable than patents. Most companies rely on NDAs, some confidentiality measures, and ultimately litigation to protect trade secrets. Although more can be done, studies have show that 60-70% of companies, even multinational companies, are not taking appropriate additional measures to protect their trade secrets.

Historically, the most common threats to trade secrets are from insiders, i.e. employees and former employees, as well as other business partners - not hackers and nation states – although the impact of cyberthreats cannot be minimized in today’s pandemic climate, where all but the most essential workers are working from home (WFH). If companies were not doing enough before, what are the chances they are doing better now, in the world of COVID-19? While there has, understandably, been a heavy emphasis on beefing up remote workers cyber protections, and some commentators have made a passing nod at the need to remind the workforce to protect trade secrets, how many companies can be certain that they are doing all they can to protect their trade secrets?

Given that most companies were not using “trade secrets 2.0” protections in the first place, it is likely that more can and should be done. Not only should companies be thinking about the measures they need to have in place now, during the pandemic, but they also need to worry about the aftermath once workers are back at their desks. In this interactive discussion we will speak with some folks dealing with these issues on a daily basis for their guidance and tips on how to put the trade secrets genie back in the bottle.

This program was recorded on May 19th, 2020.

Provided By

American Bar Association

Panelists

William E. Mosley

Senior Counsel
Applied Materials

Will Mosley is Senior Counsel in the Global Litigation & Investigations team at Applied Materials. In this role, he is responsible for managing and conducting offensive and defensive investigations, litigation, and pre-litigation matters worldwide, with an emphasis on the protection of Applied’s intellectual property. Will currently oversees a variety of litigation matters concerning trade secrets, general commercial disputes, and tort matters in the U.S. and overseas.

Prior to joining Applied, Will was a patent litigator at a large international law firm, where he also engaged in trade secret litigation, general commercial litigation, and served as outside IP enforcement and licensing counsel to one of Silicon Valley’s pre-eminent technology companies.

Craig Moss

Executive Vice President
Ethisphere

Craig Moss is an Executive Vice President at Ethisphere. Previously, he was Chief Operating Officer of CREATe Compliance and the Center for Responsible Enterprise And Trade (CREATe.org). At Ethisphere, he is responsible for developing Leading Practices, a program designed to help companies and their suppliers reduce the risks associated with trade secret theft, counterfeiting, piracy, and corruption.

He has developed definitive guides for organizations including World Bank Group’s International Finance Corporation and the United Nations. Mr. Moss is an Executive Advisor for Social Accountability International (SAI) and previously led Social Fingerprint®, a program helping companies and their supply chains implement sustainability practices. Previously, Mr. Moss founded Global Access Corporation, where he led more than 3,000 business development projects in 50 countries.

Andrea Castetter

COO
Eli Lilly & Company

Andrea is the Chief Operating Officer at Ely Lilly & Company. She has extensive experience in cybersecurity, data/information security, privacy, and trade secret law, including internal investigations and complex litigation matters.


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