1. MEDIATION AND SETTLEMENT OF TRADE SECRET CASES

2. Practical Challenges to Settlement
Murky standards for what is a Trade Secret
Information can lose its status, or value, as a Trade Secret
Murky measures of damages
Business & Professions Code section 16600
Defendants may be judgment-proof

3. Preparation What do you really need?
What are you willing to do to get it?
What does the other side really need?
What might they be willing – and able – to do to get it?
What is really keeping you apart?

4. Talk to the mediator in advance
What else does the mediator need to know to help you?
What are the biggest challenges?
What are your expectations of the mediator?
What about the personalities?
What about the process?

5. How can a mediator help you?
Infectious calm
Focus and structure your conversations
Shhh – Help good lawyers break bad news to their own clients

6. When you think you have a deal…

7. Think again…

8. When John Hancock writes it up…
This document is admissible in evidence to enforce its terms (Ev. C. 1123(a)).
While the parties anticipate that this document will be replaced with a more formal, typewritten document, this document is an enforceable, binding contract (Ev. C. 1123(b)).
Upon motion, the court may enter judgment pursuant to the terms of this settlement, and the court shall retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement (CCP 664.6).

9. THANK YOU