Calculating Damages in Misappropriation of Trade Secrets Matters
Trade secrets litigation is on the rise and will continue to increase in the future. There are a lot of approaches to calculating damages in a misappropriation of trade secrets litigation matter. It is important that the expert use a damages remedy that relates to the facts and circumstances of the case and be flexible in his/her approach to calculating damages. This webinar program will include a discussion on the analysis of plaintiff’s damages remedies in trade secret cases, including plaintiff’s actual loss, defendant’s unjust enrichment, valuation of trade secrets, and reasonable royalty, and defendant’s rebuttal strategies for reducing and/or eliminating plaintiff’s damages. It is critical that the expert link the damages to the alleged misappropriated trade secret(s) and tie the damages remedies to the specific facts and circumstances of the case.
Randall E. Kahnke, Partner
Faegre Baker Daniels
- First section on general legal background and plaintiffs
Noah S. Robbins, Associate
Pepper Hamilton LLP
- General legal background and defense perspective
Shawn Fox, CPA/ABV, CFA, ASA, Managing Director, Dispute Advisory
- Expert’s perspective – plaintiff Services
John Rollins, Northeast Region Leader
Litigation Consulting and Dispute Advisory Services
RSM US LLP
- Expert’s perspective – damages strategy
Who Should Attend:
Outside Counsel at Law Firms (intellectual property, labor and employment, commercial litigation, white collar, cybersecurity, and so on), Corporate Counsel (general counsel and litigation director), and Claims Counsel at Insurance Companies.
Randy Kahnke focuses his practice on complex commercial litigation and intellectual property litigation. He has been the lead trial attorney on cases from New York to California and touching three continents. Randy has extensive consulting, pretrial and trial experience with complex commercial and intellectual property disputes, and he has served as group head of Faegre Baker Daniels’ business litigation practice. Randy was recognized for his trial victories as a 2012 Minnesota Attorney of the Year. He is the co-editor and contributing author of the acclaimed book, The Secrets to Winning Trade Secret Cases, Thomson West (2009, 2012, and 2016 (forthcoming)). He has served on the Federal Practice Committee of the United States District Court for the District of Minnesota and as President of the Minnesota Chapter of the Federal Bar Association. Randy is a former federal law clerk, and he has been recognized as a leading litigator in Chambers USA, Super Lawyers and Best Lawyers in America.
Randy Kahnke focuses his practice on complex commercial litigation and intellectual property litigation. He has been the lead trial attorney …
Noah S. Robbins is an associate in the Intellectual Property Litigation Practice Group of Pepper Hamilton LLP, resident in the Philadelphia office. Mr. Robbins concentrates his practice on complex commercial litigation and intellectual property disputes.
Mr. Robbins was a summer associate with Pepper in 2006 and joined the firm as an associate in 2007.
Noah S. Robbins is an associate in the Intellectual Property Litigation Practice Group of Pepper Hamilton LLP, resident in the …
Shawn Fox is a managing director in the dispute advisory practice of Sikich. He has 20 years of accounting and consulting experience. As a certified public accountant, Shawn provides dispute advisory and litigation services, fraud and forensic accounting investigative services, and valuation services to organizations and their counsel.
Shawn directs forensic investigations and analysis across a wide range of areas, including complex damages, lost profits, intellectual property infringement, merger and acquisition, class action, and bankruptcy litigation, as well as valuation and insurance coverage disputes.
With significant experience in the preparation of expert reports, Shawn assists clients in all phases of litigation, including case assessments, discovery, document review, damages analysis, and demonstrative exhibits. He has testified in approximately 40 different cases at deposition, trial, and arbitration as an expert witness and has served as a court-appointed receiver. Shawn has been qualified as an expert witness in federal district and bankruptcy courts and state courts across the U.S.
Shawn also leads investigations on financial restatements and financial reporting fraud, regulatory investigations, assessing fraud risk, corporate investigations, employee misconduct, and whistleblower matters.
Prior to joining Willamette Management Associates, he was the Partner-in-Charge of McGladrey LLP’s litigation and investigation consulting services practices for the Central Region and a Managing Director of BDO’s litigation and dispute resolution practice in Chicago.
Shawn Fox is a managing director in the dispute advisory practice of Sikich. He has 20 years of accounting and …
Litigation Consulting and Dispute Advisory Services RSM US LLP
John Rollins is a director with RSM US LLP and serves as the firm’s practice leader for its Litigation Consulting and Dispute Advisory practice in the Northeast Region. With over 15 years of financial, accounting and consulting experience, John provides objective insight to major law firms and their clients in the context of complex litigation matters involving forensic accounting issues, commercial damages, business valuation disputes, and other matters.
John has advised clients on matters involving shareholder disputes, breach of contract claims, 10b-5 securities class action lawsuits, ERISA and derivative actions, M&A disputes, SEC/DOJ investigations, fraud investigations, White Collar defense, arbitrations, and cross-border investigations. He has worked extensively on issues involving banks, broker/dealers, and private equity firms as well as energy, telecommunications, life sciences, and consumer products companies. John has led teams of global investigators working on several large investigations, including matters involving the Foreign Corrupt Practices Act (FCPA) and Bank Secrecy Act (BSA).
Prior to joining RSM in 2011, John was a managing consultant at LECG LLC, a global provider of litigation consulting and expert testimony services. Prior to that, John worked in private industry as a financial analyst. He earned his bachelors of science from Georgetown University and M.B.A. from The Leonard P. Stern School of Business at New York University.
John Rollins is a director with RSM US LLP and serves as the firm’s practice leader for its Litigation Consulting …
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Method of Presentation:
Experience in intellectual property law
NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
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About Faegre Baker Daniels
Faegre Baker Daniels is a full service law firm providing business solutions to local, national and international organizations. We serve our clients with the highest levels of professionalism, skill and integrity. Our 750 legal and consulting professionals collaborate across our 14 locations in the United States, U.K. and China to deliver practical solutions to our clients' complex transactional, litigation and regulatory needs.
About Pepper Hamilton LLP
Pepper Hamilton LLP is a multi-practice law firm with more than 500 lawyers nationally. The firm provides corporate, litigation and regulatory legal services to leading businesses, governmental entities, nonprofit organizations and individuals throughout the nation and the world. We use the unique skills and talents of our people, the breadth of our practices and the depth of our experience to deliver powerful solutions to client legal and business issues.
About Sikich LLP
Sikich LLP, a leading professional services firm specializing in accounting, technology, investment banking and advisory services, has more than 750 employees throughout the country. Founded in 1982, Sikich now ranks as one of the country’s Top 35 Certified Public Accounting firms and is among the top 10 of all enterprise resource planning solution partners in the country. From corporations and not-for-profits to state and local governments, Sikich clients can use a broad spectrum of services and products that help them reach long-term, strategic goals.
About RSM US LLP
A world leading provider of audit, tax and consulting services to entrepreneurial growth-focused organisations globally.
RSM is a powerful network of audit, tax and consulting experts with offices all over the world. As an integrated team, we share skills, insight and resources, as well as a client-centric approach that’s based on a deep understanding of your business. This is how we empower you to move forward with confidence and realise your full potential. This is The Power of Being Understood.