Assessing damages theories in recent trade secret verdicts

February 12, 2021
Supreme Court Building Washington DC

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 brief update on filing statistics of trade secret cases in federal court and discuss two recent trade secret verdicts litigators need to be aware of from a damages perspective.

Key contacts

Additional contributors