Uncovering Theft of Trade Secrets: Leveraging forensic investigations for robust IP protection

Sharre Lotfollahi
Sharre Lotfollahi
Kirkland & Ellis LLP

Sharre Lotfollahi is a partner in Kirkland & Ellis’ Intellectual Property Litigation Group and focuses on disputes involving trade secret, patent, trademark, and copyright, including licensing disputes regarding intellectual property. She has represented clients in disputes involving various areas of technology, including semiconductor manufacturing, microprocessor design, athlete tracking, online ad creation and customer service software, and medical devices and implants.

Sarah Mikosz
Sarah Mikosz
Kirkland & Ellis LLP

Sarah Mikosz is an intellectual property litigation associate in the Los Angeles office of Kirkland & Ellis LLP, with a primary focus on patent and trade secret disputes, including forensic investigations.

On-Demand: October 2, 2024

2 hour CLE

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Program Summary

In this class, we will provide a background on trade secret law and common scenarios around theft of trade secrets. We will describe the role of forensic investigations in discovering theft of trade secrets, including best practices for conducting forensic investigations and creating a robust evidentiary record for use at trial and navigating around tricky issues such as privilege. We will illustrate the concepts with real world case studies and examples.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • Basics of trade secret misappropriation
  • Conducting forensic investigations in trade secrets cases
  • Navigating privilege issues around forensic investigations
  • Using forensic evidence to prove misappropriation at trial

Closed-captioning available

Speakers

Sharre Lotfollahi_FedBarSharre Lotfollahi | Kirkland & Ellis LLP

Sharre Lotfollahi is a partner in Kirkland & Ellis’ Intellectual Property Litigation Group and focuses on disputes involving trade secret, patent, trademark, and copyright, including licensing disputes regarding intellectual property. She has represented clients in disputes involving various areas of technology, including semiconductor manufacturing, microprocessor design, athlete tracking, online ad creation and customer service software, and medical devices and implants.

Sharre has been a member of 11 trial teams, including serving as a first-chair on two trials. At trial, Sharre has conducted direct and cross-examinations of fact and expert witnesses, including preparing witnesses on jury-related performance. She has argued numerous motions, including at trial, and managed numerous other trial activities. She successfully led a trial team on behalf of low income tenants against slumlords in South Los Angeles.

Sharre also advises clients on matters before the Patent and Trademark Office, contractual and licensing issues, and commercial legal strategy.

 

Sarah Mikosz_FedBarSarah Mikosz | Kirkland & Ellis LLP

Sarah Mikosz is an intellectual property litigation associate in the Los Angeles office of Kirkland & Ellis LLP, with a primary focus on patent and trade secret disputes, including forensic investigations.

Agenda

I. Basics of trade secret misappropriation | 2:00pm – 2:30pm

II. Conducting forensic investigations in trade secrets cases | 2:30pm – 3:00pm

Break | 3:00pm – 3:10pm

III. Navigating privilege issues around forensic investigations | 3:10pm – 3:40pm

IV. Using forensic evidence to prove misappropriation at trial | 3:40pm – 4:10pm

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 General Hours

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General

Receive CLE credit in Florida via attorney submission.
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2.4 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for Self-Study Credits
2 General

Indiana

Approved for Self-Study Credits
2 General

Kansas

Pending CLE Approval
2 General

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 General Hours

Maryland

No MCLE Required
2 General Hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 General Hours

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
2 General

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “A”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Approved for Self-Study Credits
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 General Hours

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law and Legal

Receive CLE credit in Washington via attorney submission.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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