Anatomy of an Employee Mobility and Trade Secrets Trial

Trade Secret Seminar Series
San Francisco Presentation

27 Oct 2010 11:30 a.m. - 01:30 p.m.

Westin San Francisco Airport Hotel
1 Old Bayshore Highway
Millbrae, CA 94030
Genevieve Oransky
(415) 268-7105

Join a lively discussion as we share snippets and lessons learned from the trenches of a recent employee mobility and trade secrets trial. Find out how to position your company for success in the event you become involved in litigation over an employee raiding or theft-of-trade-secrets incident, what employers and current/former employees may and may not do when competing, and what to anticipate if you end up going to trial over these types of claims.

This will be a unique presentation where you will see actual trial exhibits, jury instructions, and the jury verdict form; hear from a computer forensic expert; and see the impact of evidence spoliation and witnesses taking the 5th amendment.

Topics Will Include:

  • what policies and practices will help your company prosecute and defend these lawsuits;
  • what you must show to establish something is a trade secret;
  • when an employee breaches the duty of loyalty owed to his/her employer;
  • how you prove or challenge that the unlawful conduct caused recoverable damages; and
  • how you can use electronic discovery and computer forensics to better investigate and litigate these disputes.


  • Harold McElhinny, Partner, Morrison & Foerster LLP
  • Linda Shostak, Partner, Morrison & Foerster LLP
  • Michael Bandemer, Managing Director, LECG

Morrison & Foerster LLP (Provider #2183) certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.5 hours.




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