ATA Law Review: Let Me Tell You A Secret – Protecting Your IP

Please register for this recorded ATA webinar. This webinar is open to ATA members.

Webinar Description:

Let me tell you a secret— your IP is vulnerable. The combination of booming transportation, omnipresent technology, and massive data stores creates a perfect storm of risk for your confidential and proprietary data. Corporate data management helps service customers in volumes never before reached, but this also places proprietary information in the hands of agents, contractors, and employees, who may want to use it for their own purposes. Piled on more new and possibly transient agents and employees than ever before, the challenges grow. How do you keep your customer lists, vendor information, and proprietary information from being taken to your competitor?  

This webinar will explore contractual ways transportation companies can protect their data including using non-compete and non-solicitation agreements, invention assignment agreements, and confidentiality agreements, as well as non-contractual causes of action that can be brought to enforce privacy rights. Importantly, we discuss the question of what actions can be taken when data abuse occurs. We will explore which states like restrictive covenant agreements, which do not, and provide tips on getting these agreements to stick! 

What motor carriers will take away from this webinar: 

  • A survey on the enforceability of various restrictive covenant-type agreements throughout the country; 

  • An overview of the fundamental policies behind what seems to be a disdain for these types of agreements;  

  • Best practices when developing these types of agreements; and  

  • Ways to enforce IP rights with or without an agreement. 

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JW Taylor, Partner, Taylor Johnson, PL 

J.W. Taylor is a business law and commercial litigation attorney focusing in the areas of transportation and logistics.  J.W. founded Taylor Johnson, f/k/a Taylor & Associates, a national full-service transportation law firm, in 2011. AV rated as a Preeminent Lawyer with Martindale-Hubbell and recognized as a Super Lawyer in Transportation, he uses his industry experience to represent transportation and logistics companies in matters of claims litigation, including personal injury litigation and ADR, cargo claims and contract disputes.  In addition, J.W. represents these clients in corporate restructuring, insurance design, equipment financing and risk management matters.  A frequent speaker on matters concerning the transportation and logistics industry, he is a member of MCIEF, the Transportation Lawyers Association (TLA), and a Board member of the Florida Trucking Association (FTA). 

Kristen Johnson, Partner, Taylor Johnson, PL 

Kristen M.J. Johnson is a partner at the transportation law firm of Taylor Johnson PL, heading up the firm’s litigation group. In 2020, Kristen was the only private practice attorney selected as a Top Woman to Watch in Transportation by the Women In Trucking Association. She practices a full range of business litigation and arbitration, including freight claims, contract and tort disputes, appeals, and government investigations. She advises clients on risk management, case and witness preparation, regulatory response, compliance programs, and critical strategy. Kristen was a Fulbright Scholar, and she is a thought leader, active in her industry and community. She is a member of Women in Trucking, the Transportation Lawyers Association, and the Conference of Freight Counsel. When she is not practicing law, she advocates for children and those in need. 

John L. Marchione, Senior Associate, Taylor Johnson, PL 

John L. Marchione is a senior associate attorney at Taylor Johnson, focusing on transportation and logistics issues and serving in the firm’s litigation and corporate practice groups. John regularly handles cargo claims, freight pay disputes, contract negotiations, regulatory issues, insurance defense matters, insurance coverage matters, appeals, and other complex civil litigations in both state and federal court. John is admitted to practice in Florida, New York, New Jersey, and Pennsylvania. John earned his J.D. degree from New York Law School, summa cum laude, and was awarded the school’s prestigious Trustee’s Prize, given to the student graduating with the highest cumulative grade point average in the graduating class.  Prior to law school, John earned his B.A. degree from the University of Delaware.