Program Details
2026-11-17 14:30:00
Over 1,000+ webinars
Course Overview
2026-11-17 14:30:00
2h CLE Credits
Intermediate
2
2:30 pm - 3:30 pm ESTThis session examines why large trade secret damages awards—including a $2 billion verdict, a $75 million verdict, and a $20 million verdict—were vacated or reversed on appeal in 2025–2026, and what plaintiff-side attorneys must do differently at the trial-court level to prevent the same outcome. Attorneys will learn the structural requirements for an appeal-proof damages case: per-secret valuation, affirmative proximate-cause proof, trade secret identification specificity, damages theory segregation, and burden preservation under the DTSA. Attendees will leave with a concrete checklist they can apply from complaint drafting through jury instruction conference.
Randall E. KahnkeBryan K. Washburn 3:40 pm - 4:40 pm ESTThis session teaches plaintiff-side attorneys how to construct a modular, per-secret damages expert report and trial presentation that can survive partial liability findings, post-trial motions, and appellate review. Drawing on the 2026 reversals in Trinseo and Appian and the surviving model in TriZetto, attorneys will learn the structural requirements for apportioned damages models, verdict form design with per-secret interrogatories, and the methodological demands imposed by amended Rule 702. Attendees will leave with a framework for building lost-profits, unjust-enrichment, and reasonable-royalty calculations that remain legally defensible even when only a subset of alleged trade secrets survive to verdict.
Randall E. KahnkeBryan K. WashburnRandall E. Kahnke is a partner in the Minneapolis office of Faegre Drinker Biddle & Reath LLP, where he tries complex commercial and intellectual property cases, including trade secret disputes, for clients such as 3M, Boston Scientific Corporation, Cargill, Honeywell, IBM, and Target. Together with the former deputy director general of the World Intellectual Property Organization, he co-edits the treatise Trade Secrets (Law Journal Press) and the book The Secrets to Winning Trade Secret Cases (Thomson West). He has served as lead trial attorney in matters from New York to California that reach across three continents, and he previously headed the firm’s business litigation practice.
Bryan K. Washburn is a partner in the Minneapolis office of Faegre Drinker Biddle & Reath LLP, where his practice centers on trade secret and noncompete litigation, alongside complex commercial disputes and international arbitration. He handles trade secret matters from the earliest stage, investigating suspected theft before suit, bringing claims on behalf of trade secret owners, and defending against misappropriation allegations.
Randall E. Kahnke is a partner in the Minneapolis office of Faegre Drinker Biddle & Reath LLP, where he tries complex commercial and intellectual property cases, including trade secret disputes, for clients such as 3M, Boston Scientific Corporation, Cargill, Honeywell, IBM, and Target. Together with the former deputy director general of the World Intellectual Property Organization, he co-edits the treatise Trade Secrets (Law Journal Press) and the book The Secrets to Winning Trade Secret Cases (Thomson West). He has served as lead trial attorney in matters from New York to California that reach across three continents, and he previously headed the firm’s business litigation practice.
Bryan K. Washburn is a partner in the Minneapolis office of Faegre Drinker Biddle & Reath LLP, where his practice centers on trade secret and noncompete litigation, alongside complex commercial disputes and international arbitration. He handles trade secret matters from the earliest stage, investigating suspected theft before suit, bringing claims on behalf of trade secret owners, and defending against misappropriation allegations.
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
