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    What Constitutes Reasonable Measures to Protect Confidential Information [CC]

    What Constitutes Reasonable Measures to Protect Confidential Information [CC]
    CLE 60 min

    What Constitutes Reasonable Measures to Protect Confidential Information [CC]

    This 60-minute presentation will include discussions regarding the scope of practices and policies that courts have examined to settle the question of whether a plaintiff in a theft of trade secrets lawsuit has taken reasonable measures to protect its confidential information. Similarly, this webinar will cover the policies and practices that have been dispositive in litigation involving data breach incidents to evaluate whether a defendant has taken reasonable measures to protect confidential information and prevent intrusions.

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      07/19/2025

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      Available for credit

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      07/19/2025

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      07/19/2024

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      07/19/2025

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      1.00 credit hours

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      07/19/2025

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      07/19/2025

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      12/31/2024

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      07/19/2025

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      12/31/2024

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      07/19/2024

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      07/19/2025

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      07/19/2027

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      07/19/2025

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    Closed Captioned.

    In the context of data breaches and theft of intellectual property, courts look to litigants to establish what measures parties have taken to protect confidential information. There is no rigid definition of reasonable measures. The appropriate definition of reasonable is dependent on factors such as the technological sophistication of the organization's primary business, as well as the level of sensitivity of information the organization comes to possess.

    This presentation will explore the scope of practices and policies that courts have examined to settle the question of whether a plaintiff in a theft of trade secrets lawsuit has taken reasonable measures to protect its confidential information, and whether a defendant in a data breach incident has taken reasonable measures to protect confidential information and prevent intrusions.

    When defendants face litigation arising out of data breaches, an important line of defense is establishing that reasonable measures were taken to prevent unauthorized access to an organizations data and to address and contain a cyber-attack. Because of the nearly limitless possibilities in which companies can be attacked, determining whether a company had reasonable cybersecurity measures cannot be based solely on whether the company prevents an incident as incidents can and will happen to any company. Instead, to determine whether a company used reasonable cybersecurity measures, one must look at all four aspects of cybersecurity programs: prevention, detection, containment, and remediation.

    Cybersecurity programs must focus as much effort on detection, containment, and remediation as they do on prevention, all while maintaining the confidentiality, integrity, and availability of data and the proper functioning of the product itself.

    Balancing these requirements within the context of changing threats and technologies requires a risk-based strategy. A risk-based approach dictates that companies allocate resources to cybersecurity based on risk levels and balance security with business functionality. To this end, a company should consider the respective risks and impacts of threats based on the likelihood and potential harm of the threats being exploited.

    Risk-based programs are designed to review how a company's people, processes and technologies are integrated to manage the risk of various threats and their associated likelihood and impact. Risks generally do not fit into binary categories of simply low and high; they fall within a spectrum. Based on considerations such as the potential for significant harm to individuals, the availability and likelihood of success of remediation efforts, legal requirements, budget, corporate strategy, and personnel resources, a company should develop a risk-based strategy to best protect the business, its customers, and any other potentially impacted third parties.

    In theft of trade secret matters, plaintiffs pursuing claims of data exfiltration by an insider must establish that reasonable measures were taken to protect the data, which may include restrictions on physical access to the confidential information, utilization of information security measures, training of employees regarding confidentiality, use of non-disclosure agreements, the labeling of documents, onboarding and offboarding employees, and many others.

    Attendees will learn the proper framework to proactively institute reasonable measures, as well as a checklist of policies, practices, and governing principles which can reduce the chance of data risk from threat actors inside and outside client organizations.

    Product Details

    Sponsors

    American Bar Association

    Product Code

    CE2207KROOLC

    Duration

    60

    Publication Date

    7/20/2022 12:00:00 AM

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