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As of August 20, 2024, a federal court in Texas has blocked the FTC’s non-compete ban nationwide, effectively preventing the rule from taking effect due to concerns about the FTC’s authority to enact such a rule; this means employers are currently not required to stop using non-compete agreements with most employees, although legal challenges are ongoing and the FTC may appeal the decision.

During this breakfast briefing our panel of industry practitioners will shed light on:
- Exploring the use of non-compete agreements under state laws
- What Should Employers Do Next?
- Navigate legal grounds for federal vs state laws on non-compete issues

 

Mark Lohmeyer

VP & GM, Compute and AI Infrastructure
Google

Mark Lohmeyer leads the Compute and AI Infrastructure business for Google Cloud. In this role, he is responsible for the Google Cloud Compute Engine, AI/ML infrastructure (Cloud TPU and GPU), Core ML services, block storage (Persistent Disk and Hyperdisk), and enterprise solutions (SAP on GCP, Google Cloud VMware Engine, etc.)
Mark’s background includes leadership roles in general management, product management, marketing, business development, and engineering management, across a wide range of core infrastructure technologies, including compute, storage, and networking.

Read full bio

Mark Lohmeyer

VP & GM, Compute and AI Infrastructure
Google

Mark Lohmeyer

VP & GM, Compute and AI Infrastructure
Google

Mark Lohmeyer leads the Compute and AI Infrastructure business for Google Cloud. In this role, he is responsible for the Google Cloud Compute Engine, AI/ML infrastructure (Cloud TPU and GPU), Core ML services, block storage (Persistent Disk and Hyperdisk), and enterprise solutions (SAP on GCP, Google Cloud VMware Engine, etc.)
Mark’s background includes leadership roles in general management, product management, marketing, business development, and engineering management, across a wide range of core infrastructure technologies, including compute, storage, and networking.


Prior to joining Google, Mark was the SVP/GM of VMware’s Cloud Infrastructure Business Group. In this role, he led a large-scale, global organization, spanning engineering, operations,
product management, and product marketing for the VMware infrastructure portfolio across Private Clouds, Public Clouds, and Cloud Provider Partners / Sovereign Clouds.


Prior to VMware, Mark led the product team for Enterprise WAN and Routing at Cisco and was the GM for HA/DR and Storage solutions at Veritas Software. Earlier in his career, he worked on storage I/O hardware at Adaptec, and digital imaging research and hardware design at the Sarnoff Research Labs, and holds a patent based on this work.
Mark holds a Bachelors and Masters degree in Electrical Engineering and Computer Science from the Massachusetts Institute of Technology, where he also served as the head teaching assistant for Computational Structures.

Author:

Dr. Fortune Shieh

Chairman of Taiwan Association for Trade Secret Protection Associate General Counsel
Taiwan Semiconductor Manufacturing Company, Ltd.
... read more

Dr. Fortune Shieh

Chairman of Taiwan Association for Trade Secret Protection Associate General Counsel
Taiwan Semiconductor Manufacturing Company, Ltd.

Author:

James Pooley

Former Deputy Director General
WIPO
... read more

James Pooley

Former Deputy Director General
WIPO

Trade secret misappropriation is a critical concern for businesses seeking to protect their most valuable and sensitive intellectual property. However, the path to litigation in trade secret cases requires a strategic approach, involving everything from identifying the theft, proving the misappropriation, and navigating complex legal frameworks. As businesses face increasing risks from cyber threats, employee departures, and competitor actions, a well-thought-out litigation strategy is more important than ever.


- Determine the current requirement for trade secret owner to exercise “reasonable efforts” (UTSA) or “reasonable measures” (DTSA) to protect the information.
- Understand the critical elements required to build a strong case in trade secret misappropriation.
- Learn about the steps involved in securing evidence and effectively proving misappropriation.
- Gain insights into how to prevent trade secret theft before it occurs and how to respond effectively if theft happens.
- Explore strategies for settling or resolving trade secret cases before they go to trial.
- Understand the key legal and practical issues involved in defending against trade secret misappropriation claims.
- Explore current trends on jury instructions during trade secret litigation cases.

Author:

Victoria Cundiff

Adjunct Professor, PennCarey Law School
University of Pennsylvania
... read more

Victoria Cundiff

Adjunct Professor, PennCarey Law School
University of Pennsylvania

Author:

Ksenia Takhistova

Chief Legal Officer
LCM Biosensor Technologies
... read more

Ksenia Takhistova

Chief Legal Officer
LCM Biosensor Technologies

Author:

Lauren Uhlig

Partner
Williams & Connolly
... read more

Lauren Uhlig

Partner
Williams & Connolly

Author:

David Soucy

Sr. IP Counsel, Global Lead Patent Counsel
SimpliSafe

David Soucy is Sr. IP Counsel and Global Lead Patent Counsel at SimpliSafe. David is an accomplished attorney with several years of experience handling a variety of technology and intellectual property law matters. Throughout his career, he has been dedicated to driving innovation, protecting intangible property, and supporting business growth through strategic management of IP assets.

Having held various roles in both late startups and mature operating companies, David has honed his expertise in patent prosecution, litigation, and client counseling. His professional journey has taken him from overhauling submarines as an engineer with the Department of the Navy to representing Fortune 100 clients in private practice to now serving as a Lead Global Patent Counsel where he develops and implements corporate IP strategies.

Before joining SimpliSafe, David influenced and drove IP strategies at a Fortune 1000 publicly traded technology company. There, he managed an extensive worldwide patent portfolio and streamlined IP management systems to enhance efficiency and augment protections. Due in part to his efforts, the company was recognized by the Intellectual Property Owners Association as one of the top 300 companies for granted U.S. patents.

David holds a Juris Doctorate from the University of New Hampshire Franklin Pierce School of Law and a Bachelor of Science in Mechanical Engineering from the University of New Hampshire. He is admitted to the State Bar of New Hampshire and licensed to practice before the United States Patent and Trademark Office.

... read more

David Soucy

Sr. IP Counsel, Global Lead Patent Counsel
SimpliSafe

David Soucy is Sr. IP Counsel and Global Lead Patent Counsel at SimpliSafe. David is an accomplished attorney with several years of experience handling a variety of technology and intellectual property law matters. Throughout his career, he has been dedicated to driving innovation, protecting intangible property, and supporting business growth through strategic management of IP assets.

Having held various roles in both late startups and mature operating companies, David has honed his expertise in patent prosecution, litigation, and client counseling. His professional journey has taken him from overhauling submarines as an engineer with the Department of the Navy to representing Fortune 100 clients in private practice to now serving as a Lead Global Patent Counsel where he develops and implements corporate IP strategies.

Before joining SimpliSafe, David influenced and drove IP strategies at a Fortune 1000 publicly traded technology company. There, he managed an extensive worldwide patent portfolio and streamlined IP management systems to enhance efficiency and augment protections. Due in part to his efforts, the company was recognized by the Intellectual Property Owners Association as one of the top 300 companies for granted U.S. patents.

David holds a Juris Doctorate from the University of New Hampshire Franklin Pierce School of Law and a Bachelor of Science in Mechanical Engineering from the University of New Hampshire. He is admitted to the State Bar of New Hampshire and licensed to practice before the United States Patent and Trademark Office.

Trade secret misappropriation is a critical concern for businesses seeking to protect their most valuable and sensitive intellectual property. However, the path to litigation in trade secret cases requires a strategic approach, involving everything from identifying the theft, proving the misappropriation, and navigating complex legal frameworks. As businesses face increasing risks from cyber threats, employee departures, and competitor actions, a wellthought-out litigation strategy is more important than ever.


- Determine the current requirement for trade secret owner to exercise “reasonable efforts” (UTSA) or “reasonable measures” (DTSA) to protect the information.
- Understand the critical elements required to build a strong case in trade secret misappropriation.
- Learn about the steps involved in securing evidence and effectively proving misappropriation.
- Gain insights into how to prevent trade secret theft before it occurs and how to respond effectively if theft happens.
- Explore strategies for settling or resolving trade secret cases before they go to trial.
- Understand the key legal and practical issues involved in defending against trade secret misappropriation claims.
- Explore current trends on jury instructions during trade secret litigation cases.

Trade secret cases have continued to evolve in response to changing business environments, technological advancements, and legal frameworks. As we move further into 2024, several trends are emerging in trade secret litigation, influenced by factors such as globalization, digitalization, and the increasing complexity of intellectual property protection.

- Discover the latest legal updates in Motorola v. Hytera its subsequent effect on Beijing Meishe v. TikTok, 2024 on the
extraterritorial reach of DTSA
- Determine when can plaintiff can recover investment in R&D vs when on loss profits?
• Dissect case law in Pegasystems v. Appian and Echospan v. Medallia to seek out reasoning behind monetary remedies

Author:

Bridget Smith

Assistant General Counsel, IP
Relativity Space
... read more

Bridget Smith

Assistant General Counsel, IP
Relativity Space

Author:

Ken Corsello

US Trade Secrets Counsel / Patent Licensing Counsel
IBM Corporation

Ken Corsello is an IP Law Counsel at IBM.  He currently focuses on drafting and negotiating patent licenses and assignment agreements.  At IBM, he has worked on patent procurement, litigation, client counseling, product clearance, and IP transactional matters. 

Before joining IBM, Ken was a law clerk to Chief Judge Glenn Archer at the Federal Circuit; an Associate Solicitor in the USPTO; and in private practice at law firms in Washington, D.C.  He did his undergraduate work in Computer Science at SUNY Stony Brook, received his JD from the Catholic University, and obtained an LL.M. from George Washington University. 

Ken has been the chair of IPO’s Trade Secrets Committee since 2016.  His recent presentations on trade secret law include participating in a panel at the USPTO’s “Trending Issues in Trade Secrets: 2019” symposium and as a witness on behalf of IPO at the 2018 hearing on “Safeguarding Trade Secrets in the United States” held by the U.S. House Committee on the Judiciary, Subcommittee on Courts, Intellectual Property, and the Internet. 

... read more

Ken Corsello

US Trade Secrets Counsel / Patent Licensing Counsel
IBM Corporation

Ken Corsello is an IP Law Counsel at IBM.  He currently focuses on drafting and negotiating patent licenses and assignment agreements.  At IBM, he has worked on patent procurement, litigation, client counseling, product clearance, and IP transactional matters. 

Before joining IBM, Ken was a law clerk to Chief Judge Glenn Archer at the Federal Circuit; an Associate Solicitor in the USPTO; and in private practice at law firms in Washington, D.C.  He did his undergraduate work in Computer Science at SUNY Stony Brook, received his JD from the Catholic University, and obtained an LL.M. from George Washington University. 

Ken has been the chair of IPO’s Trade Secrets Committee since 2016.  His recent presentations on trade secret law include participating in a panel at the USPTO’s “Trending Issues in Trade Secrets: 2019” symposium and as a witness on behalf of IPO at the 2018 hearing on “Safeguarding Trade Secrets in the United States” held by the U.S. House Committee on the Judiciary, Subcommittee on Courts, Intellectual Property, and the Internet. 

Author:

Tom Brown

Senior Managing Legal Director, Head of Intellectual Property Litigation
Dell
... read more

Tom Brown

Senior Managing Legal Director, Head of Intellectual Property Litigation
Dell

Author:

Giri Pathmanaban

Partner
Cleary Gottlieb

Giri Pathmanaban’s practice focuses on high-stakes patent, trade secret, and intellectual property contractual disputes. He has successfully represented clients in federal district courts, the International Trade Commission (ITC), and Patent Office proceedings. Giri simplifies complex issues, communicates effectively with clients and juries, and advises clients on IP issues to help achieve their business objectives. Giri’s technical background in computer science and engineering enables him to develop and execute winning legal strategies across a range of industries, inside and outside the courtroom. He has litigated cases in a range of industries, including cybersecurity, AI and machine learning, semiconductors, computer networking and electronic devices, internet and cloud computing, and medical devices and healthcare.

... read more

Giri Pathmanaban

Partner
Cleary Gottlieb

Giri Pathmanaban’s practice focuses on high-stakes patent, trade secret, and intellectual property contractual disputes. He has successfully represented clients in federal district courts, the International Trade Commission (ITC), and Patent Office proceedings. Giri simplifies complex issues, communicates effectively with clients and juries, and advises clients on IP issues to help achieve their business objectives. Giri’s technical background in computer science and engineering enables him to develop and execute winning legal strategies across a range of industries, inside and outside the courtroom. He has litigated cases in a range of industries, including cybersecurity, AI and machine learning, semiconductors, computer networking and electronic devices, internet and cloud computing, and medical devices and healthcare.

 

Damon Gupta

Director, Patent Counsel
Spark Therapeutics, Inc

Damon Gupta is a Director, Patent Counsel at Spark Therapeutics, Inc., a leader in gene therapy and member of the Roche Group. With over a decade of experience in intellectual property (IP) law and a background in molecular biology, Damon advises biotechnology and pharmaceutical companies on patent strategy, IP transactions, and risk mitigation.

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Damon Gupta

Director, Patent Counsel
Spark Therapeutics, Inc

Damon Gupta

Director, Patent Counsel
Spark Therapeutics, Inc

Damon Gupta is a Director, Patent Counsel at Spark Therapeutics, Inc., a leader in gene therapy and member of the Roche Group. With over a decade of experience in intellectual property (IP) law and a background in molecular biology, Damon advises biotechnology and pharmaceutical companies on patent strategy, IP transactions, and risk mitigation. At Spark, Damon leads efforts to protect proprietary assets, including trade secrets, manage IP disputes, and provides IP support to cross-functional teams, including R&D, manufacturing, and corporate transactions. Damon holds a J.D. from Chicago-Kent College of Law, an M.S. from Baylor College of Medicine, and a B.S. from The Ohio State University.

Author:

Gregory Bombard

Shareholder
Greenberg Traurig, LLP

Gregory S. Bombard is a trial lawyer whose practice focuses on trade secret litigation. Greg also handles other IP litigation and complex commercial disputes. His trade secret clients are primarily in high tech industries, including biotech, medical devices, software, robotics, fintech, and manufacturing. Greg is an author of the ABA’s Guide to Protecting and Litigating Trade Secrets, 2nd Ed., and co-chairs of the ABA’s Trade Secret Litigation Subcommittee. Greg is a shareholder in the Boston office of the international law firm Greenberg Traurig, LLP. He can be reached at [email protected]. 

... read more

Gregory Bombard

Shareholder
Greenberg Traurig, LLP

Gregory S. Bombard is a trial lawyer whose practice focuses on trade secret litigation. Greg also handles other IP litigation and complex commercial disputes. His trade secret clients are primarily in high tech industries, including biotech, medical devices, software, robotics, fintech, and manufacturing. Greg is an author of the ABA’s Guide to Protecting and Litigating Trade Secrets, 2nd Ed., and co-chairs of the ABA’s Trade Secret Litigation Subcommittee. Greg is a shareholder in the Boston office of the international law firm Greenberg Traurig, LLP. He can be reached at [email protected]. 

Author:

John Lee

Chief Counsel for Intellectual Property
U.S. House of Representatives, Committee on the Judiciary
... read more

John Lee

Chief Counsel for Intellectual Property
U.S. House of Representatives, Committee on the Judiciary