News & Analysis as of

Misappropriation Compensatory Damages

Axinn, Veltrop & Harkrider LLP

A Rare Bird? TriZetto Collects $14.5M in Attorneys' Fees but No Trade Secret Damages

A claimant's recovery of attorneys' fees in a trade secret action ordinarily reflects an overwhelming success at trial. The claimant would have necessarily proved (at least under federal law) that its trade secret had been...more

McDermott Will & Emery

A Healthy Dose of Seeds: Unique Combination Trade Secrets Entitled to Protection

McDermott Will & Emery on

The US Court of Appeals for the Sixth Circuit upheld a jury verdict finding a dietary supplement company liable for misappropriating another company’s research and development (R&D) related to broccoli-seed extract. Caudill...more

Patton Sullivan Brodehl LLP

California Supreme Court: Penal Code Section 496(c) Can Apply To Business Disputes

In a long-awaited opinion — Siry Investment, L.P. v. Farkhondehpour — the California Supreme Court held that California Penal Code section 496 can apply to a business dispute. The opinion resolves a split of authority among...more

Proskauer - Law and the Workplace

Third Circuit Recognizes Trade Secret Misappropriation Claim by Party Possessing (But Not Owning) the Trade Secret

It is not often that a United States Court of Appeals issues a decision on trade secrets, much less one involving the review of a bench trial that drew legal conclusions on the scope of trade secret law and the propriety of...more

Orrick - Trade Secrets Group

New York Court Takes Saved Cost Damages Off The Table

Plaintiffs in New York state trade secret actions face a new limitation on their damages claims, according to a May 3, 2018 decision from the state’s Court of Appeals. ...more

Patterson Belknap Webb & Tyler LLP

Unfair Competition and Trade Secrets Damages Limited to Plaintiff’s Losses Under New York Law

When a defendant avoids the cost of developing its own technology by stealing proprietary information, can that defendant be required to re-pay the cost it saved as compensatory damages? Not under New York trade secret or...more

Seyfarth Shaw LLP

Popular Insulated Cup Manufacturer In Hot Water Over Alleged Trade Secret Misappropriation

Seyfarth Shaw LLP on

Tervis Tumbler Company, the maker of the infamous insulated tumblers, has found itself in hot water with a former supplier, Trinity Graphic. ...more

Clark Hill PLC

Texas Supreme Court Announces New Rule for Exemplary Damages

Clark Hill PLC on

The Due Process Clause of the Fourteenth Amendment prohibits the imposition of excessive exemplary damages. Whether an award comports with due process is measured by three guideposts...more

Porter Hedges LLP

Employment Alert: "Federal Protection of Trade Secrets - the Defend Trade Secrets Act of 2016"

Porter Hedges LLP on

Earlier this year, Congress passed the Defend Trade Secrets Act ("DTSA"), a comprehensive amendment of existing legislation that previously addressed economic espionage and now provides for a private federal civil cause of...more

Burr & Forman

Eight-Figure Judgments in Trade Secret Cases – Do We Have Your Attention Now?

Burr & Forman on

The conventional wisdom among attorneys and litigants in the noncompete and trade secret arena is that the cases are all about the injunctions, usually at the TRO and interlocutory injunction stage. Some judgments handed...more

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