Will Your Cyber Insurance Respond When You Need It Most?

As many companies are considering purchasing cyber insurance, they often wonder: “Will my insurer be there when I have a data breach?”  Cyber insurers have generally been good in paying claims. But the recent lawsuit featured in this Orrick Client Alert demonstrates that as the landscape evolves, insurers may refuse to cover breach costs by arguing that insureds failed to meet “minimum requirements” for cybersecurity. Tending to cybersecurity policies and procedures before breaches occur is more important than ever. READ MORE

Upcoming Event

Tuesday, May 13, 2014, 8:30 a.m. – 10:30 a.m.

Orrick’s New York IP Breakfast Briefing: Update on Brewing IP Legislation

Orrick’s IP Group is launching a quarterly breakfast seminar series in New York to provide a forum for professionals in the IP community to learn about and discuss the latest developments in IP law.  The first meeting will focus on: READ MORE

Upcoming Trade Secrets Events

Attention Bay Area TSW readers: We’ve spotted three exciting trade secrets events coming up in the next month. Even if you’re not based in Silicon Valley, you may want to plan on visiting in October just to attend. Hope to see you there!

[EVENT] It’s Not Just Boilerplate! Best Practices for Drafting Agreements to Protect Your Trade Secrets and Other IP

Tuesday, July 2, 2013, 12 noon – 1 p.m.

Presented by the State Bar of California, Trade Secret Interest Group

You must register in advance in order to attend. This program will offer 1 hour participatory MCLE credit. This program will highlight best practices for exchanging information during a collaboration, and will include a discussion of pitfalls to avoid in drafting agreements, in particular:

  • Confidentiality / non-disclosure obligations and exceptions
  • IP ownership, inventorship, and improvements clauses
  • Scope of license and permitted uses of licensed technology
  • Restrictive Covenants

The program will also discuss best practices for addressing trade secrets in due diligence.

Moderated by: Robert Milligan, Chair, State Bar of California Intellectual Property Law Section Trade Secrets Interest Group, and partner in Seyfarth Shaw’s Los Angeles office


Mike Spillner is an intellectual property litigation partner in Orrick’s Silicon Valley office. He focuses on trade secret misappropriation and patent infringement disputes, and other complex commercial litigation.

Elizabeth Howard, an intellectual property partner in Orrick’s Silicon Valley office, co-chairs Orrick’s life sciences practice. Dr. Howard focuses on patent infringement litigation, with an emphasis on the life sciences. Her practice also includes trade secrets disputes and handling anti-counterfeiting matters in the pharmaceutical industry.

Angelique Kaounis is Of Counsel in the Los Angeles office of Gibson, Dunn & Crutcher where she practices in the Firm’s Litigation Department, with a focus on intellectual property and technology-related issues. Ms. Kaounis is a member of the Firm’s Antitrust and Trade Regulation, Media and Entertainment, and Intellectual Property Practice Groups.

[EVENT] Battling IT Theft and Unfair Competition: Enforcers Use A New Approach

Presented by the State Enforcement, Intellectual Property, International and Media & Technology Committees of the American Bar Association’s Section of Antitrust Law.

The California, Massachusetts and Washington AG offices recently announced innovative enforcement actions using their unfair competition statutes against manufacturers in Thailand, India and China who lowered their costs by using stolen technology and competed unfairly against law-abiding companies in their states. Other AG offices and the FTC have also expressed interest in this area. A panel of experts will discuss these cases and the growing trend to combat unfair competition from overseas manufacturers by discouraging the theft of US technology.

June 26, 2013
12:00pm – 1:30pm Eastern Time
3:00pm – 4:30pm Pacific Time

Click here to register.

All pertinent dial-in information will be provided in your confirmation.

Rob McKenna, Orrick, Former Attorney General of Washington & President of NAAG, Seattle, WA

Bill Kovacic, George Washington University Law School, Former Chairman of the Federal Trade Commission, Washington, DC
Tiffany Adams, National Association of Manufacturers, Washington, DC
Emilio Varanini, California Department of Justice, San Francisco, CA


Benefits and Pitfalls of Referring Trade Secret Cases for Criminal Prosecution

Wednesday, May 29, 2013 (12:00 PM – 1:00 PM PST)

Scenario: Your client’s star employee has resigned and gone to work for the competition, taking your client’s trade secrets with him or her. You have reason to believe the ex-employee has improperly revealed those trade secrets to his or her new employer, who is now using that information to compete against your client. You know that under the federal Economic Espionage Act of 1996 and the Theft of Trade Secrets Clarification Act of 2012, such conduct can be prosecuted criminally. Do you refer your case to the federal government? Do you bring a civil action against your ex-employee? Or both? READ MORE

IPO’s Trade Secrets Committee to Hold Roundtable in Silicon Valley

Intellectual Property Owners Association’s Trade Secrets Committee will hold a roundtable discussion at the offices of Fenwick & West in Mountain View, California on Wednesday, May 15, 2013 from noon to 1:30p.m. (PT).  Registration for the roundtable is free.  During the interactive session, attendees will discuss the pros and cons of federal legislation similar to the “Protecting American Trade Secrets and Innovation Act,” which was introduced by former Senator KOHL as S. 3389 in 2012 and would have created a federal civil cause of action for trade secret theft. READ MORE