Trade Secrets Under Pressure From the Winds of Public Policies (RECORDING)

With proprietary information continuing to grow in importance and value as an asset across the world, trade secrets have recently been the focus of new enacted and proposed laws and regulations. This session will consider laws – such as the EU AI Act, EU Data Act, right to repair laws, TRIPS/WTO IP waiver, and privacy laws – that could compel owners of trade secrets to provide the otherwise secret information to governments, consumers and competing companies. Speakers will discuss increasingly restrictive government policies that limit the flow of information to certain nations (e.g., Chips and Science Act), and efforts to use trade laws and other mechanisms to penalize trade secret theft (e.g., Protecting Intellectual Property Act of 2022). In addition, this panel will also address the push in the US to reduce employee non-compete restrictions, which have the goal of increasing employee mobility but which make it harder for companies to protect trade secrets.

Kenneth Corsello

Trade Secrets Counsel

IBM Corp.

Ken Corsello is IBM’s U.S. Trade Secrets CounselHe is a member of IPO’s Trade Secrets committee, which he chaired from 2016 to 2021, and a member of the Standards Setting committee and IP Licensing and Related Issues committeeKen is a frequent speaker on Trade Secrets topics and in 2018 he testified on behalf of IPO about the Defend Trade Secrets Act at a hearing of the U.S. House of Representatives, Commerce Committee, Subcom. on Courts, Intellectual Property & the Internet. During his 17 years at IBM, Ken’s work has included patent procurement, litigation, client counseling, product clearance, and transactional matters. Before joining IBM, he was a law clerk to Chief Judge Glenn Archer at the Federal Circuit; an Associate Solicitor in the USPTO; and in private practice at law firms in Washington, D.C.   

Dawn Mertineit

Partner

Seyfarth Shaw LLP

Dawn Mertineit is a Partner at Seyfarth Shaw LLP. For more than a decade, Dawn has represented corporations and their directors and officers in a number of industries in complex commercial litigation, litigating partnership, franchise, real estate, and whistleblower disputes, with a special emphasis on noncompete and trade secrets litigation. She understands that many clients rely on noncompete and nonsolicitation agreements to protect their most valuable assets, while others face hurdles in recruiting and onboarding new employees bound by such restrictive covenants. Dawn brings her experience and knowledge of state and federal laws to help her clients navigate these issues, from drafting agreements and executing rollout and enforcement strategies, to analyzing competitor agreements and proposing recruitment and onboarding plans, and prosecuting or defending against claims related to misappropriation of trade secrets or breach of restrictive covenants.

Thomas Valente

Senior Director for Global Affairs

Intellectual Property Owners Association

Thomas S. Valente is the Senior Director for Global Affairs at the Intellectual Property Owners Association (IPO) in Washington, DC. IPO is an international trade association representing companies and individuals in all industries and fields of technology who own, or are interested in, intellectual property rightsMr. Valente is the IPO staff lead on international IP mattersDuring his career, he has also practiced with law firms, both big and small, covering a wide range of IP issuesHe is a graduate of the University of Virginia School of Law and served as a law clerk for the Honorable Peter W. Hall of the U.S. Court of Appeals for the Second Circuit.

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Trade Secrets Under Pressure From the Winds of Public Policies (RECORDING)
Open to view video.  |  60 minutes
Open to view video.  |  60 minutes
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