Determining and Calculating Damages in Trade Secrets Misappropriation Cases: Practical Guide in 2019
Since the 2016 enactment of the Defend Trade Secret Act (DTSA), the number of trade secret cases filed in the U.S. federal court has drastically increased. The Act protects U.S. employers against misappropriation of trade secret information in federal court. Before the authorization of the DTSA, employers seeking compensation had no choice but to litigate in state court. However, most states have adopted some version of the Uniform Trade Secrets Act (UTSA), which provides uniform definitions and remedies for trade secret misappropriation.
A three-year statute of limitations for claims under the DTSA is existing that commences when “the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered.” The DTSA generally applies to trade secret misappropriation that occurred on or after the date of the enactment of the Act, or began before the Act’s enactment and continued after the Act took effect.
To avoid potential risks and regulatory pitfalls, it is necessary for plaintiffs and defendants involved in these trade secret cases to fully understand the fundamentals of determining and calculating damages in trade secrets misappropriations.
In this LIVE Webcast, a panel of key thought leaders and practitioners brought together by The Knowledge Group will offer a discussion on determining and calculating damages in trade secrets misappropriation cases, and help firms and related professionals better understand and be guided in this emerging landscape. Speakers will also elaborate on notable cases regarding unjust enrichment damages.
This LIVE Webcast will discuss the following key provisions:
- Trade Secrets Misappropriation Cases – What You Must Know
- The Defend Trade Secrets Act of 2016 (DTSA)
- Uniform Trade Secrets Act (UTSA)
- DTSA vs. UTSA
- Notable Cases
- Damages in Misappropriation of Trade Secrets Cases
- What it Means For Plaintiffs and Defendants
Michael King, Managing Partner
Hennelly & Grossfeld LLP
- Why unjust enrichment is preferable to lost profits
- What sales, products, and customers to include?
- What duration?
- What incremental profit margin to use?
- Additional/Alternative Calculations
- Accelerated Entry
- Research/Development Savings
- Punitive Damages
- Jury or Judge?
- Willful & Malicious
- Amount of Damages
- Clear and convincing standard?
- Jury or Judge?
- Attorneys’ Fees
- Not limited to billed/paid
- “Reasonable” rate for practice area and locale
- In-House counsel’s time?
- Choose experts early
- Industry expert?
- Take damages discovery early
- Choose experts early
Abraham Skoff, Partner
Moses & Singer LLP
- Categories and Elements of Damages:
- New York law
- Difficulties/Costs in computing and proving Damages:
- Secret Process/Method claims
- Employee Mobility claims
- Unique New York Issues -- elements and damages
- Other Useful Remedies
- Lost Profits/Expert Testimony/Costs and Alternatives
Katie Tipper-McWhorter, Associate
Greenberg Traurig, LLP
- What Constitutes a Trade Secret and Common Examples
- Overview of the Protections Afforded to Trade Secrets
- Applicable Federal, State, and Common Law
- Valuing Your Trade Secret:
- Cost Approach
- Market Approach
- Income Approach
- Reasonable Royalty
Who Should Attend:
- Trade Secret Lawyers
Michael King is the Managing Partner of Hennelly & Grossfeld LLP and has been with the firm for 25 years. He obtained his B.A. degree, Phi Beta Kappa and summa cum laude, from Boston College in 1985 and his J.D. degree from Boalt Hall, University of California, Berkeley, in 1989. Mr. King has worked exclusively on civil litigation matters, focusing primarily on complex business disputes, products liability defense, trade secret disputes and employment matters. He is a member of the bar of the States of California and Nevada, a member of the American Bar Association, Los Angeles County Bar Association, and a director of the Orange County Down Syndrome Association.
Michael King is the Managing Partner of Hennelly & Grossfeld LLP and has been with the firm for 25 years. …
Abraham Y. (Avi) Skoff is Co-chair of Moses & Singer's Litigation practice and has over twenty-five years’ experience in practicing law, including involvement in a number of major, newsworthy cases. He served as Assistant U.S. Attorney and Deputy Chief of the Civil Division, U.S. Attorney's Office, Eastern District of New York, and has litigated cases in courts throughout the country. Avi focuses his practice on complex civil litigation. He is an experienced trial lawyer and has significant experience in an unusually broad range of practice areas, including unfair competition, restrictive covenants and trade secrets. Avi has represented parties before the Judicial Panel on Multi- District Litigation and coordinated the defense of nationwide class action claims. He recently obtained key injunctive relief under the newly enacted Defense of Trade Secrets Acts. He is admitted in New York and New Jersey and has a national practice. Avi is rated AV Preeminent™ by Martindale-Hubbell and has been listed in New York Super Lawyers® since 2006.
Abraham Y. (Avi) Skoff is Co-chair of Moses & Singer's Litigation practice and has over twenty-five years’ experience in practicing …
Katie Tipper-McWhorter focuses her practice on complex commercial litigation. Katie has wide-ranging experience handling cases involving alleged breaches of contract, breaches of fiduciary duties, fraud, misrepresentation, non-disclosure agreements, trade secrets, and non-compete agreements. She regularly handles contract claims, construction claims, DTPA claims, and matters related to professional liability. Katie has represented clients including Fortune 500 companies, commercial real estate developers and landlords, oil and gas consulting firms, trust officers, banking institutions, and high net-worth individuals in estate and trust litigation.
Katie Tipper-McWhorter focuses her practice on complex commercial litigation. Katie has wide-ranging experience handling cases involving alleged breaches of contract, …
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Method of Presentation:
General knowledge of trade secrets law
NY Category of CLE Credit:
Areas of Professional Practice
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About Hennelly & Grossfeld LLP
Hennelly & Grossfeld LLP is an AV-rated law firm founded in 1993 by trial lawyers to provide responsive, cost-effective representation in all aspects of business litigation. The firm’s attorneys have extensive trial and appellate experience, with particular depth in matters involving unfair competition, trade secrets, employment, product liability, and real estate and title insurance.
Our attorneys can and do try case to verdict. Our substantial trial experience permits us to assess more accurately a case’s value and determine how to obtain the best result, whether by verdict or settlement. The firm’s focus is on communicating with our clients to achieve outcomes that will serve each client’s specific business goals, efficiently and cost-effectively.
About Moses & Singer LLP
Moses & Singer has a reputation for cutting edge, hands-on representation, integrity and the highest quality legal work, established over the many years since the firm was founded by Henry Moses and Henry Singer in 1919, to serve both Public National Bank and their private clients. The firm has played a central role in landmark cases and major transactions ever since, and is known for skill, creativity and aggressiveness, in representing banks, institutions and corporations, closely held businesses, start-ups, entrepreneurs, individuals and families, in a wide range of industries, transactions, disputes and counseling. Moses & Singer is known for providing the close attention and direct involvement of its key partners to client matters, which can result in cost effective, result-oriented representation, and aggressive, highly effective, focused problem solving and legal representation.
About Greenberg Traurig, LLP
Greenberg Traurig, LLP is an international, multi-practice law firm with approximately 2,100 attorneys serving clients from 41 locations in the United States, Latin America, Europe, Asia, and the Middle East. The firm has been recognized for its philanthropic giving, was named the largest firm in the U.S. by Law360 in 2017, and is among the Top 20 on the 2018 Am Law Global 100. Web: http://www.gtlaw.com Twitter: @GT_Law.