BarbriSFCourseDetails
  • videocam Live Online with Live Q&A
  • calendar_month January 15, 2026 @ 1:00 p.m. ET./10:00 a.m. PT
  • signal_cellular_alt Intermediate
  • card_travel Class Action and Other Litigation
  • schedule 90 minutes

Monetary Damages for Misappropriation of Trade Secrets: Traditional and New Methodologies for Fair Compensation

Using Avoided Development Costs, Choosing the Damages Period, Apportioning Damages Among Multiple Trade Secrets or Product Value

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$252.45
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Discount expires 11/5/25

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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.

Presented By

Daryl Leon
Counsel
BakerHostetler

Mr. Leon devotes his practice to representing employers in federal and state court litigations, arbitrations and administrative proceedings, as well as counseling clients on employment matters. With a focus on litigating and counseling clients regarding restrictive covenant and trade secret matters and policies, he routinely litigates these matters from inception to conclusion and prepares restrictive covenant policies for both public and privately held companies of all sizes. Mr. Leon is a frequent author and sought-after speaker on the evolving restrictive covenant landscape across the country. He is also a seasoned litigator, with first chair trial and deposition experience. Mr. Leon regularly litigates and counsels employers regarding claims of discrimination, harassment, whistleblowing and retaliation, and has secured multiple jury verdicts and decisions in employment discrimination matters. He routinely works with clients in a broad range of industries, including financial services, media, technology start-ups, luxury retail, healthcare and medical technology, professional sports leagues and teams and the public sector.

Lawrence H. Pockers
Partner, Co-Chair Non-Compete & Trade Secrets Practice
Duane Morris LLP

Mr. Pockers represents clients nationally in complex commercial litigation with a primary focus on non-compete, trade secrets and unfair competition cases. He is Co-Chair of the Duane Morris Non-Compete and Trade Secrets practice group and a member of the firm's governing Partners Board. Mr. Pockers is also the founder and lead editor of the Duane Morris Non-Compete and Trade Secrets blog. He 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. Mr. Pockers also has significant experience handling a variety of other types of complex commercial cases, including post-transaction earnout, escrow and indemnification disputes, real estate litigation, 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.

Varant Yegparian
Partner
Hicks Johnson PLLC

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, Mr. Yegparian stands ready to prosecute claims and bring defenses up to and through trial.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, January 15, 2026

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

I. Introduction

II. Categories of recoverable monetary damages

III. Limits on monetary damages

IV. Calculation issues

A. Trending methodologies

B. Timing

C. Causation

D. Apportionment

E. No use or disclosure

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?