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

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Class Action and Other Litigation
- event Date
Wednesday, November 29, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will discuss the standards for--and the evidentiary basis needed to--establish and calculate monetary damages for misappropriation of trade secrets.
Faculty

Mr. Pockers represents clients nationally in complex commercial litigation with a primary focus on non-compete, trade secrets and unfair competition cases. He is the founder and lead editor of the firm’s 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 Corp. 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. Mr. Pockers also has significant experience handling a variety of other types of complex commercial cases, including real estate and other business disputes, securities litigation with an emphasis on disputes between customers and broker/dealers and/or registered representatives, litigation involving the licensing and implementation of software, and mass tort products liability litigation. He has tried more than 35 cases in federal, state and arbitration forums.

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.

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.
Description
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.
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?
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