In today’s business environment, most thefts of trade secrets involve electronic information. To determine damages, we quantify the harm that has occurred, calculate the benefit received from the stolen trade secrets, and value the technology involved.
- On numerous occasions, determined sales and profits from (i) customers lost under a lost profit recovery, and/or (ii) customers gained under a disgorgement recovery.
- On numerous occasions, valued trade secrets based on the premise of “reverse engineering” or a “head start”.
- In a theft of trade secrets case, performed multiple regression analyses to examine customer selling patterns on a before and after basis and to determine what quantifiable economic effects the alleged secret information had on product sales of both parties.
- Defended a company accused of theft of trade secrets by the former employer of several of the company’s executives and sales personnel. The claim was based on trade secrets related to the development of the product as well as the customer lists of the plaintiff. Refuted plaintiff’s damage claim based on a customer comparison that showed very few of the customers at the new company matched the former company. Refuted the value the plaintiff placed on the trade secrets related to product development.