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Recent Developments and Reflections after nearly 10 years with the Defend Trade Secrets Act (Presented by The Federal Bar Association Annual Meeting & Convention 2025 sponsor Faegre Drinker Biddle & Reath LLP)

2025-09-30 14:00:00

2025-09-30 14:00:00

1 Credits

Trade secret litigation developments approaching the DTSA’s 10-year anniversary, covering noncompetes, identification requirements, extraterritoriality, and AI implications.

2025-09-30 14:00:00

Trade secret litigation developments approaching the DTSA’s 10-year anniversary, covering noncompetes, identification requirements, extraterritoriality, and AI implications.

2025-09-30 14:00:00

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Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Course Overview

Navigating Trade Secret Litigation After DTSA

Participants will learn current trade secret protection strategies, noncompete developments, and litigation requirements approaching the DTSA’s 10-year anniversary. These practical insights help attorneys protect client innovations amid evolving legal frameworks.

Key topics that will be covered

What will you learn

Attorneys will learn critical developments in trade secret law approaching the 10-year anniversary of the Defend Trade Secrets Act, including noncompete updates and AI implications.

What will you gain

Attorneys will gain practical strategies for protecting trade secrets, navigating state noncompete laws, and implementing safeguards against AI-related risks to confidential information.

Trade Secret Fundamentals
Information must be secret, protected by reasonable efforts, and derive value from secrecy.
Noncompete Updates
The FTC withdrew its federal ban appeal; state laws now control with most trending restrictive.
Identification Requirements
Courts require specific trade secret identification in litigation, with standards varying by jurisdiction.
Extraterritorial Reach
The DTSA applies outside the U.S. when an act in furtherance occurs domestically.
AI Safeguards
Companies must implement operational and contractual protections when using AI with trade secrets.
Ex Parte Seizure
Courts may order seizure without notice under extraordinary circumstances when injunctions are insufficient.

What will you learn

Attorneys will learn critical developments in trade secret law approaching the 10-year anniversary of the Defend Trade Secrets Act, including noncompete updates and AI implications.

What will you gain

Attorneys will gain practical strategies for protecting trade secrets, navigating state noncompete laws, and implementing safeguards against AI-related risks to confidential information.

Agenda

Session 1

Foundations of Trade Secret Law and Protection

Session 2

Noncompete Agreements: Federal and State Developments

Session 3

Trade Secret Identification Requirements in Litigation

Session 4

DTSA's Extraterritorial Reach for Global Misappropriation Claims

Session 5

Artificial Intelligence and Trade Secret Risk Management

Session 6

Future Trends in Trade Secret Litigation Practice

clock 2:00 pm - 2:10 pm EST

Foundations of Trade Secret Law and Protection

Martin S. Chester

#NOLINE Faegre Drinker Biddle & Reath LLP

Randall E. Kahnke

Faegre Drinker Biddle & Reath LLP

Lauren W. Linderman

#NOLINE Faegre Drinker Biddle & Reath LLP

Bryan K. Washburn

#NOLINE Faegre Drinker Biddle & Reath LLP

This session establishes the fundamental requirements for trade secret protection: secrecy, reasonable protective efforts, and value derived from confidentiality. Participants will explore the similarities and key differences between the DTSA and state trade secret laws, including the novel ex parte seizure remedy.

Martin S. Chester

#NOLINE Faegre Drinker Biddle & Reath LLP

Randall E. Kahnke

Faegre Drinker Biddle & Reath LLP

Lauren W. Linderman

#NOLINE Faegre Drinker Biddle & Reath LLP

Bryan K. Washburn

#NOLINE Faegre Drinker Biddle & Reath LLP

clock 2:10 pm - 2:20 pm EST

Noncompete Agreements: Federal and State Developments

Martin S. Chester

#NOLINE Faegre Drinker Biddle & Reath LLP

Randall E. Kahnke

Faegre Drinker Biddle & Reath LLP

Lauren W. Linderman

#NOLINE Faegre Drinker Biddle & Reath LLP

Bryan K. Washburn

#NOLINE Faegre Drinker Biddle & Reath LLP

Explore the dramatic developments surrounding the FTC’s proposed nationwide noncompete ban and its subsequent withdrawal following legal challenges. This session examines the evolving state-by-state patchwork of noncompete laws and provides practical recommendations for companies navigating this uncertain landscape.

Martin S. Chester

#NOLINE Faegre Drinker Biddle & Reath LLP

Randall E. Kahnke

Faegre Drinker Biddle & Reath LLP

Lauren W. Linderman

#NOLINE Faegre Drinker Biddle & Reath LLP

Bryan K. Washburn

#NOLINE Faegre Drinker Biddle & Reath LLP

clock 2:20 pm - 2:30 pm EST

Trade Secret Identification Requirements in Litigation

Martin S. Chester

#NOLINE Faegre Drinker Biddle & Reath LLP

Randall E. Kahnke

Faegre Drinker Biddle & Reath LLP

Lauren W. Linderman

#NOLINE Faegre Drinker Biddle & Reath LLP

Bryan K. Washburn

#NOLINE Faegre Drinker Biddle & Reath LLP

Unlike patents or trademarks, trade secrets lack formal registration, making identification a critical litigation challenge. This session addresses how courts evaluate whether trade secrets are adequately identified in pleadings and discovery, including the recent Ninth Circuit ruling on California’s particularity requirements.

Martin S. Chester

#NOLINE Faegre Drinker Biddle & Reath LLP

Randall E. Kahnke

Faegre Drinker Biddle & Reath LLP

Lauren W. Linderman

#NOLINE Faegre Drinker Biddle & Reath LLP

Bryan K. Washburn

#NOLINE Faegre Drinker Biddle & Reath LLP

clock 2:30 pm - 2:42 pm EST

DTSA's Extraterritorial Reach for Global Misappropriation Claims

Martin S. Chester

#NOLINE Faegre Drinker Biddle & Reath LLP

Randall E. Kahnke

Faegre Drinker Biddle & Reath LLP

Lauren W. Linderman

#NOLINE Faegre Drinker Biddle & Reath LLP

Bryan K. Washburn

#NOLINE Faegre Drinker Biddle & Reath LLP

The Seventh Circuit’s landmark Motorola v. Hytera decision confirmed the DTSA’s application to conduct occurring outside the United States. Learn what constitutes an ‘act in furtherance’ sufficient to trigger extraterritorial jurisdiction and the significant remedies available, including worldwide injunctions and profits.

Martin S. Chester

#NOLINE Faegre Drinker Biddle & Reath LLP

Randall E. Kahnke

Faegre Drinker Biddle & Reath LLP

Lauren W. Linderman

#NOLINE Faegre Drinker Biddle & Reath LLP

Bryan K. Washburn

#NOLINE Faegre Drinker Biddle & Reath LLP

clock 2:42 pm - 2:50 pm EST

Artificial Intelligence and Trade Secret Risk Management

Martin S. Chester

#NOLINE Faegre Drinker Biddle & Reath LLP

Randall E. Kahnke

Faegre Drinker Biddle & Reath LLP

Lauren W. Linderman

#NOLINE Faegre Drinker Biddle & Reath LLP

Bryan K. Washburn

#NOLINE Faegre Drinker Biddle & Reath LLP

AI technologies present unique challenges for maintaining trade secret protection, from inputs to outputs. This session examines how companies can implement operational and contractual safeguards to protect sensitive information when using AI tools while addressing reverse engineering and disclosure concerns.

Martin S. Chester

#NOLINE Faegre Drinker Biddle & Reath LLP

Randall E. Kahnke

Faegre Drinker Biddle & Reath LLP

Lauren W. Linderman

#NOLINE Faegre Drinker Biddle & Reath LLP

Bryan K. Washburn

#NOLINE Faegre Drinker Biddle & Reath LLP

clock 2:50 pm - 3:00 pm EST

Future Trends in Trade Secret Litigation Practice

Martin S. Chester

#NOLINE Faegre Drinker Biddle & Reath LLP

Randall E. Kahnke

Faegre Drinker Biddle & Reath LLP

Lauren W. Linderman

#NOLINE Faegre Drinker Biddle & Reath LLP

Bryan K. Washburn

#NOLINE Faegre Drinker Biddle & Reath LLP

As noncompete restrictions expand and technology evolves, trade secret litigation is becoming increasingly important for protecting business innovations. This closing session explores why substantial jury verdicts and expanded legal frameworks make trade secret cases critical ‘bet the company’ matters.

Martin S. Chester

#NOLINE Faegre Drinker Biddle & Reath LLP

Randall E. Kahnke

Faegre Drinker Biddle & Reath LLP

Lauren W. Linderman

#NOLINE Faegre Drinker Biddle & Reath LLP

Bryan K. Washburn

#NOLINE Faegre Drinker Biddle & Reath LLP

01 06
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speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Martin S. Chester

#NOLINE Faegre Drinker Biddle & Reath LLP

Randall E. Kahnke

Faegre Drinker Biddle & Reath LLP

Lauren W. Linderman

#NOLINE Faegre Drinker Biddle & Reath LLP

Bryan K. Washburn

#NOLINE Faegre Drinker Biddle & Reath LLP

Martin S. Chester

#NOLINE Faegre Drinker Biddle & Reath LLP

Marty Chester is a seasoned trial lawyer who has tried and litigated complex commercial cases around the country, specializing in trade secret and restrictive covenant litigation while helping clients protect their competitive edge.

Experience

Extensive experience trying and litigating complex commercial cases nationwide, with specialization in trade secret and restrictive covenant litigation. Uses combination of litigation experience and business insight to navigate complex litigation.

Martin S. Chester

#NOLINE Faegre Drinker Biddle & Reath LLP

Marty Chester is a seasoned trial lawyer who has tried and litigated complex commercial cases around the country, specializing in trade secret and restrictive covenant litigation while helping clients protect their competitive edge.

Experience

Extensive experience trying and litigating complex commercial cases nationwide, with specialization in trade secret and restrictive covenant litigation. Uses combination of litigation experience and business insight to navigate complex litigation.

Randall E. Kahnke

Faegre Drinker Biddle & Reath LLP

Randall (Randy) E. Kahnke is a nationally recognized trial lawyer and partner at Faegre Drinker Biddle & Reath LLP in Minneapolis. A Chambers-ranked litigator listed in Best Lawyers in America for bet-the-company litigation, he concentrates his practice on complex commercial disputes and intellectual property litigation, with particular depth in trade secret law. Mr. Kahnke has served as lead trial attorney on high-stakes matters spanning three continents, representing Fortune 100 and Fortune 500 companies across the financial services, technology, health and life sciences, and food and agribusiness sectors.

Education & Credentials

Mr. Kahnke earned his Juris Doctor, cum laude, from the University of Minnesota Law School in 1989, where he served as Note and Comment Editor of the Law Review. He received his Bachelor of Arts, summa cum laude, from the University of St. Thomas in 1986, where he was inducted into the Delta Epsilon Sigma, Omicron Delta Epsilon, and Pi Gamma Mu national honor societies. Following law school, he served as a federal law clerk to the Honorable David S. Doty of the United States District Court for the District of Minnesota (1989–1991). He is admitted to practice in Minnesota and before the U.S. Courts of Appeals for the Second, Eighth, Ninth, and Eleventh Circuits, as well as the U.S. District Court for the District of Minnesota.

Recognition & Leadership

Mr. Kahnke's courtroom achievements have earned him widespread recognition. Minnesota Lawyer named him an Attorney of the Year in 2012 and again in 2025 in recognition of his trial victories. He is a Fellow of the Litigation Counsel of America and has been consistently ranked among the nation's leading litigators by Chambers USA (General Commercial Litigation and, most recently, Nationwide Trade Secrets), The Legal 500, Benchmark Litigation, Super Lawyers, and Best Lawyers in America — where he has been recognized in Commercial Litigation (2009–2026), Intellectual Property Litigation (2013–2026), and Bet-the-Company Litigation (2022–2026). World IP Review has recommended him for U.S. trade secrets, and Minnesota Lawyer has placed him on its Business Litigation Power List (2022–2025) and its Mergers & Acquisitions Power List (2023–2024). He has also received the John C. Benson Pro Bono Award and earned a place on Faegre Drinker's Pro Bono Honor Roll.

Professional Involvement

Mr. Kahnke is deeply engaged in the legal profession and the broader community. He serves as President of the Honorable Jimmie V. Reyna Intellectual Property Inn of Court and was a founding member of The Sedona Conference Working Group on Trade Secrets, where he served on its inaugural Steering Committee. He is a member of the Intellectual Property Owners Association's Trade Secrets Committee. Mr. Kahnke has served as Co-Chair of the Magistrate Judge Merit Selection Panel and as a member of the Federal Practice Committee for the United States District Court for the District of Minnesota, and as President of the Minnesota Chapter of the Federal Bar Association. He is a prolific author and sought-after speaker. He co-edited the treatise Trade Secrets (Law Journal Press) with former WIPO Deputy Director General James Pooley, and co-edited and contributed to The Secrets to Winning Trade Secret Cases (Thomson West). He co-authored The Intangible Advantage: Understanding Intellectual Property in the New Economy (Michelson 20MM Foundation, 2016) and has published extensively in legal journals and national media. He is an invited lecturer at the University of Minnesota Law School and the University of St. Thomas Law School. In the community, Mr. Kahnke serves as a board member of one of the Twin Cities' largest providers of services to the homeless, volunteers with Interfaith Outreach Community Partners, serves on the University of Minnesota Law Alumni Committee, and has served as a youth coach for multiple local athletic associations.

Experience

Throughout his career, Mr. Kahnke has tried and won high-profile matters for many of the nation's most prominent companies. His representative clients include 3M, Allianz, Boston Scientific, Cargill, CommScope, FICO, General Mills, Honeywell, IBM, Target, UnitedHealth Group, and Wells Fargo. He has served as group head of Faegre Drinker's business litigation practice. His track record includes securing multimillion-dollar jury verdicts in trade secret cases on behalf of Fortune 100 clients, winning complete defense verdicts in federal trials, prevailing on appeals before the Ninth Circuit in international trade secret disputes valued in excess of $100 million, and obtaining a favorable resolution at the start of trial in a negligence case seeking $5.2 billion plus punitive damages — a matter featured on the front page of the Wall Street Journal. He also played a key trial testimony role in a six-year, billion-dollar pharmaceutical trade secret dispute that resulted in a permanent injunction and was reported on the front page of the National Law Journal. His practice spans litigation, arbitration, and international commercial disputes, and he regularly advises clients on trade secrets and noncompete matters across multiple industries.

Lauren W. Linderman

#NOLINE Faegre Drinker Biddle & Reath LLP

Lauren Linderman litigates complex commercial disputes, advocating for businesses and franchisors during trade secret, noncompete and trademark litigation and other business torts and contractual disputes.

Experience

Helps companies protect valuable trade secrets and intellectual property critical to their businesses, including providing strategic advice and oversight on trade secret protection programs and implementation of clean room development plans.

Bryan K. Washburn

#NOLINE Faegre Drinker Biddle & Reath LLP

Bryan Washburn litigates complex commercial disputes on behalf of businesses, with a focus on trade secret and noncompete litigation, as well as international arbitrations.

Experience

Represents clients in trade-secret litigation and counsels clients in pre-litigation matters. Experience investigating alleged trade-secret theft in advance of litigation, initiating trade secret actions and defending against claims of trade secret misappropriation. Advises clients on trade-secret protection policies and procedures.

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Why Attend

Why this 
program matters

Understanding trade secret litigation is essential because it protects proprietary business information that drives competitive advantage and innovation across industries.
1.5k+
Federal trade secret cases filed in 2025, the highest total ever recorded according to Lex Machina’s 2026 Trade Secret Litigation Report.
84%
Of federal trade secret cases that went to verdict since 2017 were decided in favor of the claimant, according to Stout’s 2024 Trends in Trade Secret Litigation Report.
$716M
In actual damages awarded by juries in trade secret cases from 2023 to 2025, per Lex Machina’s 2026 Trade Secret Litigation Report.
$600B
Annual estimated cost of intellectual property theft including trade secrets to the U.S. economy, according to the Commission on the Theft of American Intellectual Property.

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Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs