FVC2355. Methods for Quantifying Monetary Damages in Misappropria

The number of misappropriation of trade secrets cases filed in federal courts have increased significantly since the creation of the federal statute, Defend Trade Secrets Acts (DTSA), which was effective May 11, 2016. The damages awarded in these cases have increased as well. This session discusses the challenges of quantifying the available remedies in connection with legal claims brought under the DTSA, Uniform Trade Secrets Act (UTSA), and violations of confidentiality and non-compete agreements.

Learning Objectives:

• Identify the proper damages remedy for the legal claim(s) at issue.
• Apply and quantify the following: Plaintiff's actual loss including lost profits dues to lost sales, price erosion and increased costs such as corrective advertising; Defendant’s unjust enrichment; Defendant’s head-start advantage and avoided research and development costs; Valuation of the subject trade secret(s); Diminution in value of the Plaintiff’s business; Reasonable royalty that Defendant should have paid to Plaintiff for the trade secrets at issue (based on actual or hypothetical)
• Distinguish between evolving developments in federal and state court misappropriation of trade secrets litigation cases.