Jennifer Kenedy spoke at Practising Law Institute's (PLI) Trade Secrets 2019: What Every Lawyer Should Know on October 7th in San Francisco. Jennifer's presentation was “Ethical Issues in Trade Secrets Disputes.”
Trade secrets disputes can cause special professional risks on both sides. How can lawyers fulfill their ethical obligations to their clients and the court, and how does it look to the bench when they don’t?
- Assessing and anticipating conflicts on both sides of the “v”
- Can you talk to that witness?
- Adjusting litigation positions as the facts unfold; responding to “bad” evidence and developing legitimate counters
- Playing by the rules: preserving and producing evidence and fulfilling the duties of candor to the tribunal and fairness to opposing parties and counsel
- Avoiding sanctions and findings of “bad faith” litigation under Amended Fed. R. Civ. P. 37 and applicable state law
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