News & Analysis as of

Misappropriation Disgorgement Damages

McDermott Will & Emery

When Is a Trade Secret Accessible? As Soon as It Can Be Reverse Engineered

McDermott Will & Emery on

Although the US Court of Appeals for the Federal Circuit upheld a damages award for trade secret misappropriation and breach of a confidentiality agreement, it found that the district court erred in its determination of when...more

IR Global

ESG Litigation is Increasing – 3 Tips to Navigate Disputes

IR Global on

The greentech industry is recognized as one of the key subsectors of the ESG investment world. Energy transition to renewables is the new industrial revolution. It is a global win-win-win for bolstered economic strength,...more

McDermott Will & Emery

Don’t Share Trade Secrets With Your Fiancé: A Cautionary Tale

McDermott Will & Emery on

The US Court of Appeals for the First Circuit largely affirmed a multimillion-dollar award against a temp agency for misappropriation of trade secrets and unjust enrichment due to its employee’s act of obtaining proprietary...more

Vondran Legal

South Coast Botanic Garden Foundation Sued for Right of Publicity Violation

Vondran Legal on

Vondran Legal® News: We have recently filed suit in the Los Angeles Superior Court against the South Coast Botanic Garden Foundation. Amazingly, they used photographs of two Defendants (who are working professionals who...more

Axinn, Veltrop & Harkrider LLP

A Mirage or An Oasis? Avoided R&D Costs Under The DTSA

The U.S. Supreme Court recently denied a trade secret owner's petition for certiorari in Trizetto Group, Inc. v. Syntel Sterling Best Shores Mauritius Limited. This leaves unresolved a question of when a wrongdoer's avoided...more

Holland & Knight LLP

“Head Start” Damages Affirmed Against Employee Who Started Competitor in China

Holland & Knight LLP on

An often sought remedy in trade secret cases is unjust enrichment, which DTSA and several uniform state trade secret acts permit plaintiffs to seek for the unlawful benefit received by defendants "that is not addressed in...more

Knobbe Martens

Texas Advanced Optoelectronic (“TAO”) v. Renesas Electronics America (“Intersil”)

Knobbe Martens on

Federal Circuit Summaries - Before Dyk, Bryson, and Taranto. Appeal from the United States District Court for the Eastern District of Texas. Summary: A plaintiff has no 7th Amendment right to a jury trial for a claim...more

Proskauer Rose LLP

Three Point Shot - December 2016

Proskauer Rose LLP on

In Partial Trademark Victory over Chinese Sportswear Company, MJ Posterizes Unauthorized User of Chinese Version of His Name - In Game 3 of the first round of the 1991 NBA Eastern Conference playoffs between the New York...more

Gray Reed

The Prospect Generator’s Case, A Second Look

Gray Reed on

There is more to learn from Southwestern Energy Production Co. v. Berry-Helfand and Muncey, discussed in a recent post. Damages – With Room to Run, the Expert Scores. Courts are entitled to be “flexible and...more

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