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 CLE webinar will discuss the standards for--and the evidentiary basis needed to--establish and calculate monetary damages for misappropriation of trade secrets.
Outline
- Introduction
- Categories of recoverable monetary damages
- Limits on monetary damages
- Calculation issues
- Trending methodologies
- Timing
- Causation
- Apportionment
- No use or disclosure
Benefits
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?
Faculty
Daryl Leon
Attorney
Proskauer Rose
Mr. Leon is an associate in the Labor & Employment Law Department. He is the administrative leader of the... | Read More
Mr. Leon is an associate in the Labor & Employment Law Department. He is the administrative leader of the Firm’s Restrictive Covenants, Trade Secrets & Unfair Competition Group, and a senior member of the Employment Litigation & Arbitration practice group. He devotes his practice to representing employers in federal and state litigations, arbitrations and administrative proceedings, as well as counseling clients on employment matters. Mr. Leon's recent work has involved the representation of clients in a diverse range of industries, including financial services, media, startup technology, luxury retail, medical technology, professional sports leagues and teams and the public sector. His practice largely focuses on litigating and counseling clients on their restrictive covenant and trade secret employment matters and policies. Mr. Leon routinely prepares restrictive covenant polices for employers of all sizes, across a variety of sectors, and is experienced in litigating restrictive covenant matters from inception to conclusion. In addition, he is often called upon to speak and write about the evolving restrictive covenant landscape across the country, and emerging trends.
Close
Lawrence H. Pockers
Partner
Duane Morris
Mr. Pockers represents clients nationally in complex commercial litigation with a primary focus on... | Read More
Mr. Pockers represents clients nationally in complex commercial litigation with a primary focus on non-compete, trade secrets and unfair competition cases. Mr. Pockers is Co-Chair of the Duane Morris Non-Compete and Trade Secrets practice group and a member of the firm's governing Partners Board. He is also the founder and lead editor of the Duane Morris Non-Compete and Trade Secrets blog. Mr. Pockers has been lead trial counsel in a number of key cases in this area of the law, including The Valspar Corporation v. Van Kuren, 2012 U.S. Dist. LEXIS 111862 (W.D. Pa. Aug. 9, 2012), in which he obtained an injunction on behalf of The Valspar Corporation prohibiting a former manager who had no non-compete or other post-employment restrictive covenant from taking a competitive position, only the second U.S. District Court decision (the celebrated Bimbo Bakeries case being the first) decided under Pennsylvania law enjoining employment of an individual who had no non-compete or other post-employment restrictive covenant.
Close
Varant Yegparian
Partner
Schiffer Hicks Johnson
Mr. Yegparian represents plaintiffs and defendants in a wide variety of commercial litigation matters, from contentious... | Read More
Mr. Yegparian represents plaintiffs and defendants in a wide variety of commercial litigation matters, from contentious partnership disputes to claims involving complex modern technology. He has built a reputation as an assertive, efficient, and pragmatic trial lawyer, leveraging prior experience at an Am Law 200 firm as well as a regional firm with a heavy trial docket. A relentless advocate for his clients, Varant Mr. Yegparian stands ready to prosecute claims and bring defenses up to and through trial.
Close