Event details
October 6, 2025
The Emory Conference Center Hotel
1615 Clifton Road NE
Atlanta, GA 30329

Event summary

The primary focus of this meeting will be dialogue to obtain member comment on the following current WG12 drafting projects and advance them to publication for public comment:

  • International Trade Secret Enforcement and Protection
  • Developing an Effective “Incident Response Plan” When Trade Secret Disputes Begin
  • Trade Secret Guidance for Employees Who Change Jobs
  • When Continued Possession of Trade Secrets Post-Separation Does or Does Not Constitute Misappropriation of Trade Secrets

Another goal of the annual meeting will be to receive any final member comment and consider any public comments received on the following written materials, which are expected to be ready for publication following the Atlanta meeting:

  • The Use of Clean Rooms in Managing Trade Secret Litigation Risk
  • Exemplary Damages and Attorney Fees in Trade Secret Cases
  • DTSA Model Jury Instructions
  • Forensic Issues in Trade Secret Disputes
  • Sharing Trade Secrets with Other Organizations
  • Protecting Trade Secrets and Confidential Information Through Contract

Forensic Issues and Technological Solutions in Trade Secret Disputes

Cooley special counsel Michael Berkovits is speaking on this panel.

Much of the information generated in the corporate world today, including trade secrets, is created and stored electronically on computers, networks, mobile devices and/or in the cloud. Companies spend substantial sums of money securing their networks and data from thieves, hackers, competitors and foreign countries. However, the greatest risk of data and trade secret theft often comes from insiders who have authorized access to the information – and the means to store and transfer the data. Digital forensic methodologies can often be deployed to uncover evidence regarding the misappropriation of trade secrets, shedding light on the who, what, why, when and how. In this session, digital forensic experts, counsel and judges will examine the issues presented in forensic investigations, including pre-litigation considerations, expedited discovery proceedings, the role of court-appointed and independent forensic neutrals, and forensic remediation as a remedy.

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