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Monetary Damages in Trade Secrets Litigation: Calculating Fair Compensation With Traditional and New Methodologies

Using Avoided Development Costs, Choosing the Damages Period, Apportioning Damages Among Multiple Trade Secrets or Product Value

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, November 29, 2023

Recorded event now available

or call 1-800-926-7926

This CLE webinar will discuss the standards for--and the evidentiary basis needed to--establish and calculate monetary damages for misappropriation of trade secrets.


In addition to injunctive relief, owners of misappropriated trade secrets can recover monetary damages, although recovery may be affected by other legal or equitable remedies sought. Counsel must act quickly and strategically from the outset in order to maximize potential recovery.

Calculating damages for misappropriation is an art rather than a science. While counsel can use several different methods (both new and traditional) to calculate actual loss, unjust enrichment, or reasonable royalties, the appropriate methodology for damages calculation varies from jurisdiction to jurisdiction. An adequate evidentiary basis must be asserted to trace the loss to the misappropriation and correctly allocate damages. Calculated damages must not be duplicative or speculative, but can invoke the time period involved, causation, and apportioning damages involving multiple trade secrets or multiple scenarios/products where trade secrets were used.

Listen as this premier panel of trade secret litigators discusses the standards for and the evidentiary basis needed to establish and calculate monetary damages for misappropriation of trade secrets.



  1. Introduction
  2. Categories of recoverable monetary damages
  3. Limits on monetary damages
  4. Calculation issues
    1. Trending methodologies
    2. Timing
    3. Causation
    4. Apportionment
    5. No use or disclosure


The panel will review these and other key issues:

  • What is the appropriate damages period?
  • Can damages for common law claims, such as breach of contract, be recovered in addition to misappropriation damages?
  • What is "double-dipping" and what are the most common examples?


Leon, Daryl
Daryl Leon

Proskauer Rose

Mr. Leon is an associate in the Labor & Employment Law Department. He is the administrative leader of the...  |  Read More

Pockers, Lawrence
Lawrence H. Pockers

Duane Morris

Mr. Pockers represents clients nationally in complex commercial litigation with a primary focus on...  |  Read More

Yegparian, Varant
Varant Yegparian

Schiffer Hicks Johnson

Mr. Yegparian represents plaintiffs and defendants in a wide variety of commercial litigation matters, from contentious...  |  Read More

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