I have been invited by the American Bar Association’s Intellectual Property Law Section to speak on Thursday, April 13 at 3:00 p.m. in Washington, D.C. with Nicole Galli of ND Galli Law LLC, Procopio’s Mindy Morton and DecisionQuest’s Michael Biek, Ph.D. on the topic “Tips from the Trenches: Hot Issues and Best Practices in Trying a Trade Secrets Claim under the Defend Trade Secrets Act (DTSA).”

With the COVID pandemic slowing the trial of cases, many DTSA cases, especially jury trials, are only now seeing their day in court. Our panel will discuss some of the novel trial issues presented under the DTSA, as well as best practices for trying a DTSA case especially to a jury. Topics will include:

  • Judge or jury? Who decides issues such as restitution damages and bad faith under the DTSA? What are the pros and cons of judges and juries as triers of fact in trade secrets cases?
  • Best practices for jury selection, developing jury-focused winning case themes and legally sustainable and effective jury instructions and verdict forms; and
  • Other unsettled legal issues under the DTSA including the standard for proving bad faith, the scope of DTSA preemption, and which party has the burden of showing independent invention and under what circumstances.


The ABA’s Intellectual Property Law Section’s Annual Conference is one of the premier intellectual property conferences of the year. The meeting, featuring more than 20 CLE sessions, networking events, wellness programs, business meetings and more will take place at the Omni Shoreham Hotel in Washington, D.C. Don’t miss this opportunity to meet with and learn from the leaders in our field. View the Full Program Outline here.

You can register for this CLE here. Hope you can join me.