Assessing Damages Theories In Recent Trade Secret Verdicts

Law360 (February 12, 2021, 4:51 PM EST) -- Trade secret protection is more important than ever with increased employee mobility, blurred lines between technology collaborators and competitors, ease of transferring digital information, and challenges with enforcing patent rights.

From a litigation risk management perspective, trade secret damages can be a high-stakes undertaking given the multiple theories that can be applied, the wide ranges of claim amounts arising from different damages theories, and the potential for a willfulness multiplier.

In an earlier Law360 guest article, we provided an initial look at the Defend Trade Secrets Act and relevant case law developments at the time. In this article, we provide a...

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