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 US Trade Secrets counsel, where he also focuses on various other IP issues, including drafting and negotiating agreements for patent transactions. Prior to joining IBM, Ken 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. He has a B.S. from SUNY Stony Brook, J.D. from Catholic University, and LL.M. from George Washington University. A frequent speaker on trade secrets issues, Ken was chair of IPO’s Trade Secrets committee for 6 years and the principal drafter of IPO’s 2023 comments in response to the FTC’s proposed rule banning non-compete agreements.
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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.
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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 rights. Mr. Valente is the IPO staff lead on international IP matters. During his career, he has also practiced with law firms, both big and small, covering a wide range of IP issues. He 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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