Navigating the Complexities of Intellectual Property and Alternative Dispute Resolution
Trade secrets disputes are predominantly business disputes that involve insider misappropriation, whether from an employee, a vendor, or a contractor. While the alleged malfeasance typically involves computer use, it can be contrasted to an external cyber-attack. These cases instead allege a betrayal of trust that can often become emotional for all parties. Given the technical and logistical complexity of these matters, alternative dispute resolution (ADR) can support a faster and more effective result to trade secret conflicts and help protect the secrecy of the trade secrets. Panelist and Chair of the Baker McKenzie Trade Secret Practice, Brad Newman, makes the distinction between soft intellectual property, such as customer lists, pricing, and employee lists, and hard intellectual property, unpatented but technical trade secrets, such as financial algorithms or applicable technology in electric vehicles and artificial intelligence. This webinar will serve as an opportunity for attorneys to learn from expert practitioners why in some cases, such as disputes over soft IP, ADR may be a more effective choice than litigation.
In this webinar, our expert panelists begin by reviewing what trade secrets are and why they become the subject of litigation. Next, our speakers discuss the Defense of Trade Secret Act and the remedies it offers to trade secret owners, reflecting on its strengths and weaknesses. Our intellectual property experts then dive into the existing divide among courts and jurisdictions regarding trade secret identification requirements. Finally, our panel of leading practitioners shares how ADR serves as a key resource for plaintiffs and defendants in trade secret cases, in the face of expensive and drawn-out litigations, and a way to access subject matter experts.
Topics covered in this webinar:
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Partner at Zeichner Ellman & Krause LLP
Yoav M. Griver is a partner in the firm’s litigation group where he focuses on representing clients in complex commercial matters. Prior to joining ZEK, Yoav was Litigation Counsel to Weil, Gotshal & Manges LLP, where he litigated a variety of commercial and intellectual property matters for clients in the banking, credit, transportation, insurance, computer software and electronic industries. Before that, Yoav prosecuted banking conspiracy, stock fraud and other cases on behalf of the Israeli Ministry of Justice where he was a member of the Ministry’s Economics Unit. Yoav’s many proud moments as a trial attorney include successfully defending Hitachi America in the longest customs fraud trial in the history of the Court of International Trade; successfully defending MasterCard in a multi-district putative class action against claims that MasterCard was responsible under RICO for internet gambling; recovering a verdict on behalf of a class of minority schoolchildren in a prominent civil rights case; successfully defending GMAC in a class action alleging violations of RICO, the Sherman Act, state and federal credit repair organization statutes, and state UDAP statutes; and successfully defending Tellium Inc. in a protracted case involving allegations of breach of contract, unjust enrichment, and fraud upon the United States Patent and Trademark Office. Yoav is co-editor and author of the multi-year treatise, Dispute Resolution and e-Discovery, published by Thomson Reuters. He also writes on a wide variety of legal topics for such publications as The Business Lawyer, The Consumer Financial Services Law Report, Law 360, Bloomberg, and the Journal of Proprietary Rights. He received his J.D. with honors, Order of the Coif, from the University of Texas School of Law in 1991, where he was a member of the Texas International Law Journal, and his B.B.A. with honors from the University of Texas in 1988. Outside the office, Yoav volunteers his time to the Lawyers’ Committee for Civil Rights Under Law and the Office of the Appellate Defender. Yoav also is an Adjunct Professor at NYU. Where he teaches courses at NYU on Sports Law and Sports Management.
Partner at Stubbs Alderton & Markiles, LLP
Daniel Rozansky is a Partner of the firm in the Business Litigation, Entertainment and Privacy practices. Clients engage Dan before disputes ever arise to advise on strategies to minimize litigation risk and to put clients in a position for a successful outcome if litigation does arise. For example, he regularly reviews television pilots, screenplays and other material in development to assist those clients in identifying and avoiding potential liabilities; he advises clients, including Fortune 100 companies, on best practices for recording communications; he counsels clients on best practices to protect trade secrets and other confidential information; and he guides clients contemplating exiting unfavorable business relationships. When disputes arise, Dan Rozansky brings his decades of experience at AmLaw 100 and 200 firms and his relentless approach help achieve the best possible outcome for his clients. This approach has led Dan to be recognized as an industry leader, including being listed as a top entertainment and media litigator in Chambers USA (2011-2019, 2022, and 2023). In 2013, 2014, 2016, 2023, and 2024 he was featured in Variety’s “Legal Impact Report,” which names the top attorneys who are making a significant impact in the entertainment industry. In areas of entertainment and media litigation, Dan Rozansky represents clients across multiple platforms including film, television, music, concerts and touring, and digital media. As a result of his well-recognized skills, Dan has prevailed in a number of high-stakes entertainment cases, including some of Hollywood’s most significant cases in the areas of copyright, trademark, First Amendment, profit participation, licensing, advertising, reality television, right of publicity, rights of privacy and breach of implied contract. Dan is a frequent resource for the Los Angeles and San Francisco Daily Journal on topics relating to Section 230 of the Communications Decency Act and the bounds of the protections it affords interactive computer services such as Twitter and Facebook for content posted by third parties. Dan’s achievements are not limited to the entertainment industry. He has successfully represented clients in the real estate, toy, banking, insurance, restaurant, clothing, luxury goods, pharmaceutical and travel industries, in such areas as trade secrets, partnership, contract, and unfair competition disputes. While Dan is known for his willingness to “take it all the way”, Dan’s goal is to design a strategy to put his clients in the best position for early dismissal including through motions to dismiss, anti-SLAPP motions, summary judgment motions, and favorable settlements. As a result, not only has Dan achieved early dismissal of multiple claims and actions, but he has also prevailed in cases short of trial, resulting in significant recoveries. When cases do go to trial, Dan has achieved great success at the state, federal and appellate levels as well as at arbitration. In all instances when his clients prevail, Dan looks for opportunities to recover their attorneys’ fees and has, in fact, recovered millions of dollars in fees for his clients. Outside of work, Dan enjoys spending time and traveling with his wife and two daughters. Dan sits on the Board of Directors at Vista del Mar, a non-profit organization founded in 1908 that provides comprehensive, family-centered social, educational, and behavioral health services, which encourage children, adolescents and their families to lead self-reliant, stable, and productive lives.
Chair of North America Trade Secret Practice at Baker McKenzie
Bradford Newman is a litigation partner resident in Baker McKenzie's Palo Alto Office and Chair of the North America Trade Secrets Practice. According to Chambers USA, Brad is a "recognized authority on trade secrets cases" who "is valued for his tenacious, intelligent and thoughtful approach to trade secrets matters." Bradford regularly serves as lead trial counsel in cases with potential eight and nine-figure liability, and has successfully litigated (both prosecuting and defending) a broad spectrum of trade secrets cases in state and federal courts throughout the country. He routinely advises and represents the world's leading technology, banking, professional service, manufacturing and commerce companies in connection with their most significant data protection and trade secret matters. Bradford is the author of Protecting Intellectual Property in the Age of Employee Mobility: Forms and Analysis, a comprehensive treatise published by ALM that offers authoritative guidance on legal risks and practical steps companies can take to protect their IP and remedy IP theft.
