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Protecting Your Trade Secrets in Today’s Global Economy: Session 1 – Taking Action from the U.S. Against Trade Secret Theft Overseas

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In an increasingly global world, where massive quantities of information can be taken across borders at the press of a few keys, international trade secret theft is more of a concern than ever before. It can be intimidating to litigate in a foreign country, however, and many people assume that overseas theft is beyond the reach of U.S. tribunals. But is it? Session one is focused on the forums and remedies available within the United States to companies facing trade secret theft overseas. 

Protecting Your Trade Secrets in Today’s Global Economy: Session 1 – Taking Action from Home Against Trade Secret Theft Overseas

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Morrison Foerster is pleased to invite you to attend session one of our three-part series discussing the strategies and remedies that are available in the United States, Europe, and Asia for protecting against international trade secret theft.Session 1 DescriptionIn an increasingly global world, where massive quantities of information can be taken across borders at the press of a few keys, international trade secret theft is more of a concern than ever before. Many people assume that overseas theft is beyond the reach of U.S. tribunals. But is it? This session will focus on the forums and remedies available within the United States to companies facing trade secret theft overseas.Our panelists will discuss:<ul><li>Recent case law relating to international trade secret enforcement in U.S. courts</li><li>The increasing popularity of the International Trade Commission (“ITC”) as a forum for trade secret cases</li><li>Criminal remedies available in cases involving international misconduct</li></ul>The session will be presented by accomplished MoFo litigators with a depth of experience navigating trade secret laws in various forums and across borders.<ul><li>Mark Whitaker (Partner, Washington, D.C.) – Mark is co-chair of the firm’s Global IP Litigation practice and has more than 30 years of experience crafting strategies in high-stakes trade secret litigation. He has extensive experience navigating proceedings through the ITC, district courts, and the Court of Federal Claims. Mark is a past president of the American Intellectual Property Law Association and serves on Law360’s Intellectual Property Editorial Advisory Board.</li><li>Ken Kuwayti (Partner, Palo Alto) – Ken has more than 30 years of experience litigating complex intellectual property cases. He has successfully brought and defended dozens of trade secret cases in state and federal court, and in domestic and international arbitration, on behalf of leading global innovators.</li><li>John Lanham (Partner, San Diego) – John focuses his practice on intellectual property and commercial litigation and regularly publishes on developments in the law. He brings his broad-based business litigation experience to bear on his clients’ most challenging disputes, and he has significant experience litigating trade secret matters for both plaintiffs and defendants.</li><li>Kate Driscoll (Of Counsel, Washington, D.C.) – Kate is a former federal prosecutor and has extensive experience in a wide range of criminal and civil cases. She has litigated cross-border trade secret matters against international misappropriators, and led the criminal prosecution of one of the largest theft of trade secrets cases in United States history involving a leading multinational pharmaceutical company.</li></ul>​​​​​​Coming Up NextStay tuned for the second and third sessions of our three-part program, which will discuss strategies for protecting against trade secret theft when drafting agreements and initiating enforcement proceedings in Europe and Asia.<a href="https://www.veracast.com/webcasts/mofo/mcle-programs/zmQ3k8.cfm" target="_blank">View the on-demand replay</a>, which will be available through January 3rd, 2024.<hr>

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Mark Whitaker is a leading member of the firm’s Intellectual Property Litigation practice and has more than 35 years of experience crafting legal strategies in high-stakes patent and trade secret litigation. Mark sees the whole board for each of his clients and works closely with them to define a successful litigation outcome and determine the best path to achieve that goal. He has extensive experience navigating the rules and procedures in the nation’s top patent litigation venues, including U.S. district courts, the International Trade Commission (ITC), and the Court of Federal Claims.Mark regularly acts as lead counsel in matters involving technologies such as semiconductors, photo/optical technologies, chemicals, and database analytics. His clients do business in a broad range of industries including pharmaceuticals, medical devices, consumer products, and telecommunications. He often leads a team of MoFo lawyers representing several defendants in parallel multipatent litigations.A past president of the American Intellectual Property Law Association (AIPLA), Mark was elected to their prestigious Fellows membership in 2019. He is a frequent speaker at the American Bar Association, AIPLA, the Practising Law Institute, the Minority Corporate Counsel Association, and at numerous CLE events all over the country.Mark is a veteran of the U.S. Navy, having served first as a surface warfare officer and later as a member of the Navy Judge Advocate General’s Corps. Drawing on this background, he currently leads the firm’s MoFoVets affinity network. Following his military service, he began his private practice legal career as a commercial litigator before concentrating on IP and technology litigation.

Mark L. Whitaker

Partner

Ken has more than 25 years of experience in intellectual property and other complex, high-stakes commercial litigation and trials. His cases have involved a broad range of technology industries, including software, semiconductor, Internet, and medical devices.Ken has successfully brought and defended numerous trade secret cases in state and federal court. He was a member of the team that successfully tried a recent high-profile smartphone case leading to a jury verdict of over $900 million.He also represented the University of California in patent litigation against a leading life sciences company over a pioneering patent involving human growth hormone. The resulting $200 million settlement, reached after a six-week jury trial, remains one of the top-ten settlements in any biotechnology patent case in the United States.Ken also represents public companies and their officers and directors in securities class actions, shareholder derivative suits, internal investigations, and SEC proceedings. He frequently litigates disputes arising out of mergers and acquisitions and other strategic transactions. In addition, he represents privately funded and emerging companies in disputes over corporate governance and breaches of fiduciary duty, as well as in disputes among boards of directors, investors, partners, and founders.A significant part of Ken’s practice involves pre-litigation counseling for companies seeking to avoid litigation and/or to better prepare themselves for litigation that may arise. He has extensive experience in arbitration and mediation proceedings.

Kenneth Kuwayti

John Lanham is a partner in the firm’s Intellectual Property Group who represents companies in high-stakes business and technology disputes, including patent, trade secret, copyright, and complex commercial litigation matters. He brings broad-based business litigation experience to his clients’ most significant disputes and advises on litigation strategy, risk mitigation, and strategic decision-making as issues develop and before disputes arise.John works closely with his clients to translate complex legal issues into practical business decisions.  He represents clients across a range of industries, including artificial intelligence, software, semiconductors, aviation, life sciences, and manufacturing. His clients range from emerging companies to global enterprises.He also maintains an active pro bono practice focused on children’s rights and constitutional issues. John is a past president and board member of the San Diego Intellectual Property Law Association.John received his J.D. cum laude from Northwestern University School of Law. While at Northwestern, John served as a judicial extern for the Honorable Joan Humphrey Lefkow of the United States District Court for the Northern District of Illinois and as a member of the Northwestern University Law Review. John received his B.A. magna cum laude with distinction from the Colorado College. At Colorado College, John was inducted into Phi Beta Kappa.

John R. Lanham

Katherine (Kate) Driscoll is a partner in Morrison Foerster’s Investigations + White Collar Defense Practice Group. Kate focuses her practice on investigations, enforcement actions, and compliance, representing companies and senior business executives. Kate has extensive experience in a wide range of criminal and civil cases, with an emphasis on pharmaceutical and life sciences clients, related to healthcare fraud, the Anti-Kickback Statute (AKS), the False Claims Act (FCA), and the Foreign Corrupt Practices Act. Kate routinely consults with clients on all manner of compliance matters, including providing risk assessments, gap analyses, and maturity evaluations. Kate also recently completed a secondment with a global consulting firm, leading government-facing investigations relating to healthcare matters.Prior to joining Morrison Foerster, Kate served as an Assistant United States Attorney in the U.S. Attorney’s Office for the Eastern District of Pennsylvania. Kate has significant trial experience, obtaining multiple jury and bench trial verdicts. As a federal prosecutor, Kate ran large-scale white-collar investigations, including complex wiretap and forensic financial investigations, involving healthcare fraud, illegal distribution of prescription drugs, money laundering, wire fraud, bank fraud, and tax fraud. Kate conducted parallel investigations with the Civil Division related to potential False Claims Act violations, and the SEC for potential violations of securities laws. Among her experience, Kate led the criminal prosecution of one of the largest theft of trade secrets cases in United States history, involving a leading multinational pharmaceutical company, and also led COVID-19-related government fraud investigations, involving the CARES Act and the Paycheck Protection Program.Kate received the 2019 Inspector General’s Award for Excellence in Fighting Fraud, Waste, and Abuse for the successful prosecution and conviction of healthcare professionals who illegally distributed millions of dollars in prescription drugs. She was also part of the prosecution team that was awarded the Prosecutor of the Year Award for 2021 from the Coalition Against Insurance Fraud regarding work on a significant arson, healthcare fraud, and tax fraud prosecution that impacted hundreds of victims and caused significant damage to the City of Philadelphia. Kate has advised and worked closely with a variety of federal and local law enforcement agencies.Kate is a lecturer at Yale University, teaching a course on white-collar investigations and prosecutions. Earlier in her career, Kate clerked for the Honorable Pamela K. Chen of the U.S. District Court Eastern District of New York. Kate earned her J.D. from the University of Pennsylvania Law School and her A.B. summa cum laude from Bryn Mawr College.<h4 dir="ltr">Representative Experience</h4>Defense Experience<ul><li dir="ltr">Represented McKinsey & Company in negotiating a $650 million five-year deferred prosecution agreement and civil False Claims Act settlement with DOJ and Corporate Integrity Agreement with HHS-OIG arising from McKinsey’s past work for opioid manufacturers, including Purdue Pharma.</li><li dir="ltr">Representation of Anthony Ornato, a former senior career civil servant who recently served as White House Deputy Chief of Staff of Operations, in the January 6 Select Committee investigation and related government investigations.</li><li dir="ltr">Representation of a multinational pharmaceutical and medical device manufacturer in various internal investigations relating to employees’ alleged kickback violations, submission of false claims, bribery, collusion with business partners, and corporate governance issues across North America.</li><li dir="ltr">Representation of a multinational holding company in a DOJ investigation arising from the client’s investment into a telehealth company under investigation for the unlawful prescription of controlled substances involving potential violations of the Controlled Substances Act (CSA) and the FCA.</li><li dir="ltr">Advising a pharmaceutical company seeking to mitigate AKS risk in supporting commercially insured patients in the transition to a new biosimilar therapy.</li><li dir="ltr">Representation of a global manufacturing company in reviewing and enhancing their anti-corruption and bribery codes of conduct, third-party due diligence protocols, and procurement policies.</li><li dir="ltr">Internal investigation in the U.S., Europe, and Latin America on behalf of a financial institution, which involved over US$1.3 billion in potential liabilities.</li></ul>Government Experience<ul><li dir="ltr">Matter involving scientists employed by a multinational pharmaceutical company who were criminally charged for conspiracy, theft of trade secrets, wire fraud, and money laundering, all relating to theft of cancer research platforms, valued at more than US$550 million.</li><li dir="ltr">Matter involving a scientist who was extradited from Switzerland after indictment for conspiracy to steal trade secrets related to the theft of research and other confidential information from several multinational pharmaceutical companies.</li><li dir="ltr">Matter involving physicians criminally charged for prescribing more than US$5 million in prescription drugs used to treat opioid addiction outside the course of professional practice and not for legitimate medical purposes.</li><li dir="ltr">Matter involving a financial advisor who was criminally charged for diversion of client funds through bank, mail, and wire fraud, and aggravated identity theft.</li><li dir="ltr">Matter involving arson that displaced hundreds of victims and injured several firefighters. Obtained convictions for all defendants and US$22 million in restitution for the victims. Brought related indictments charging additional criminal conduct, including healthcare fraud, tax fraud, and federal benefits fraud.</li></ul><h4 dir="ltr">Memberships</h4><ul><li dir="ltr">National LGBTQ+ Bar Association</li><li dir="ltr">Philadelphia LGBTQ Bar Association</li><li dir="ltr">Pennsylvania Association Criminal Defense Lawyers (Planning Committee)</li><li dir="ltr">Federal Criminal Law Committee in the Eastern District of Pennsylvania (Executive Committee)</li><li dir="ltr">University of Pennsylvania Inn of Court</li><li dir="ltr">Women’s White Collar Defense Association</li></ul>

Kate Driscoll

Trade Secrets

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Protecting Your Trade Secrets in Today’s Global Economy: Session 1 – Taking Action from the U.S. Against Trade Secret Theft Overseas

05 Oct 2022 9:00 AM - 10:00 AM PDT