Seyfarth Events

Trade Secret Protection Best Practices: Hiring Competitors' Employees and Protecting the Company When Competitors Hire Yours


Los Angeles

Seyfarth Shaw LLP
2029 Century Park East, Suite 3500
Los Angeles, CA 90067

Lunch & Registration:
11:30 a.m. - 12:00 p.m.
12:00 p.m. - 1:30 p.m. 

In today's highly mobile and competitive world, employees frequently move between companies within the same industry.  Rarely a day goes by without a news report of another high-profile theft of important data from a company, or the loss of key employees to competitors. 

Employee mobility, coupled with the digitalization of company assets, has increased the need for creative and thoughtful protections of valuable company data.  It has become extremely easy for employees, especially disgruntled or irresponsible ones, to take and disseminate confidential information to the detriment of their current and former employers.  The need to protect company trade secrets and other confidential data against departing employees and to follow best practices when hiring a competitor's employees has never been greater. 

Seyfarth attorneys Robert Milligan and Jim McNairy will be joined by Jim Vaughn of iDiscovery Solutions, Kathleen Deibert of Intel, and Joshua Kagan of PCH International, to present a lively discussion that focuses on:

  • Best practices when hiring new employees:
    • Proper employee onboarding — a cradle to grave approach 
    • Employing effective non-disclosure and invention assignment agreements and computer access and bring your own device policies
  • Best practices for protecting your company when employees depart:
    • Proper exit interview techniques and certifications
    • Reducing risk of disclosure of trade secrets in social media and via online repositories and other electronic means
    • Identifying the unauthorized taking/disclosure of trade secrets through the use of digital forensics
  • Discussion of recent cases/legislation:
    • The current circuit split on the Computer Fraud and Abuse Act
    • Trade secret preemption
    • Forum selection/choice of law clauses
  • High level strategies for addressing California's prohibition on non-compete agreements 

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