Trade Secret Misappropriation and Section 337 at the ITC: A Strategic Enforcement Tool for Cross Border Disputes

Trade Secret Misappropriation and Section 337 at the ITC: A Strategic Enforcement Tool for Cross Border Disputes

Virtual
Webinar
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Join WilmerHale Partners Derek Gosma, Omar Khan, Josh Lerner and Rhonda Schmidtlein for an in depth discussion on the growing role of Section 337 investigations at the International Trade Commission (ITC) as a powerful forum for addressing trade secret misappropriation—particularly where misconduct occurs outside the United States but results in imported products.

As trade secret disputes increasingly involve global supply chains, overseas manufacturing, and foreign actors with limited U.S. presence, companies are often left without meaningful remedies in federal district court. This webinar will examine how ITC proceedings can provide jurisdiction, speed, and effective relief in precisely these circumstances.

Our panel will cover:

  • Common trade secret misappropriation scenarios involving overseas conduct and imported products
  • Key limitations of federal district court litigation under the Defend Trade Secrets Act in cross border disputes
  • The ITC’s jurisdiction over trade secret claims under Section 337 and how it differs from district court jurisdiction
  • Available remedies at the ITC, including exclusion orders and cease and desist orders
  • Evidentiary and burden of proof considerations unique to ITC trade secret cases
  • Strategic tradeoffs between pursuing relief at the ITC versus federal district court
  • Practical guidance for companies evaluating ITC litigation as a trade secret enforcement tool

Participants will have the opportunity to submit questions online during the webinar. This program is being planned with the intention to offer CLE credit for attendees who join the live presentation.

WilmerHale has been accredited by the New York State and California State Continuing Legal Education Boards as a provider of continuing legal education. This program is being planned with the intention to offer CLE credit in California and non-transitional credit in New York. This program, therefore, is being planned with the intention to offer CLE credit for experienced New York attorneys only. Attendees of this program may be able to claim England & Wales CPD. WilmerHale has been approved as a Colorado Certified Provider, as recognized by the Colorado Supreme Court Continuing Legal and Judicial Education Committee. We will apply for Colorado CLE (after the program) if requested. The type and amount of credit awarded will be determined solely by the Colorado Supreme Court. New Jersey grants reciprocal credit for programs that are approved in New York. We can also issue Connecticut credit. All attendees, regardless of jurisdiction, will receive a uniform certificate of attendance that shows the states in which the program was approved. Attendees who need credit in another jurisdiction can use the uniform certificate of attendance to self-apply. CLE credit is not available for on-demand webinar recordings.

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