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Trade secrets are one of the primary forms of intellectual property, along with patents, trademarks, and copyrights. Trade secrets essentially are confidential proprietary information that provide a competitive advantage by not being known or generally available to competitors. As a result, trade secrets are frequently valuable. Unlike patents, trademarks, and copyrights, trade secrets can only be established in court, as the existence of a trade secret is a question of fact to be determined by a jury.
Historically, various state laws primarily have protected trade secrets. This changed in May 2016, when the Defend Trade Secrets Act (DTSA) was signed into law. Under the DTSA, trade secret owners can bring a civil lawsuit under federal jurisdiction if the misappropriated product or service was used, or intended for use, in interstate or foreign commerce. The DTSA is intended to provide more consistent legal standards throughout the United States.
This program focuses on how expert analysis can help determine damages in trade secrets lawsuits.
Program Agenda
The importance of understanding/defining the trade secret(s) at issue;
Available damage remedies under the DTSA and Uniform Trade Secrets Act (UTSA);
Actual loss damages—lost profits;
Unjust enrichment damages; and
Other forms of damages
Learning Objectives
Understand when actual loss damages may be applicable, when unjust enrichment damages may be applicable, or when other forms of damages may be applicable;
Understand the DTSA and UTSA; and
Understand relevant trade secrets damages case law.
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