IP+T: Intelligence Newsletter - Q4 2019

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When Trade Secrets or Confidential Business Information Are Stolen, Can You Recover Pre-Judgment Interest in Massachusetts? If your company’s confidential business information or trade secrets are stolen, in Massachusetts you may not be entitled to statutory prejudgment interest based on an unjust enrichment award. The recent Superior Court decision in Governo Law Firm, LLC v. CMBG3 Law, LLC, No. 1684CV03949BLS2, 2019 WL 3801560, at *1 (Mass. Super. July 29, 2019) highlights this point and the rationale behind whether to award statutory interest following a finding of misappropriation of either trade secrets or confidential business information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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