Trade Secrets Monetary Remedies Commentary

July 14, 2023
calculator with money

The rules for what money a successful trade secret claimant can recover are easy to state but often difficult to apply. The Sedona Conference’s Working Group 12 on Trade Secrets (WG12) just published it’s Commentary on Monetary Remedies in Trade Secret Litigation (Monetary Remedies Commentary), which seeks to be a resource to assist parties and decision-makers in addressing monetary remedies and suggests effective methods for determining whether, and in what amount, to award monetary relief for trade secret misappropriation.

To achieve these aims, this Monetary Remedies Commentary focuses on the statutory and decisional law that provides for the three core types of damages in trade secret cases: actual loss, unjust enrichment, and, in many cases, royalties. This Monetary Remedies Commentary also analyzes the difficult issues that must be grappled with regarding such damages, including apportionment, causation, reasonable certainty, the applicability and inapplicability of patent damages law precedent in trade secret cases, and many more. CRA’s Christopher Gerardi is one of the contributing editors to this Commentary.

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