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Although trade secrets cases may resemble other non-patent intellectual property, they are governed by state regulations and case law, and not by federal statutes. In most cases, the purported holder of a trade secret must show that the information is not generally known, confers an economic benefit from its secrecy, and has been maintained a secret with reasonable efforts.
Campos & Stratis understands burden of proof, lost profits, remedial costs, and unjust enrichment. We clarify complex fact patterns, and present our findings in precise, clearly supported Rule 26 expert reports, backed by the evidence. Our representative trade secret cases highlight some of the engagements in which we have applied our expertise.
Trade Secrets Misappropriation Damages
To help define common law rights and remedies involving trade secrets, the National Conference of Commissioners on Uniform State Laws - a state supported organization that helps clarify state law - finalized the Uniform Trade Secret Act (UTSA)1 in 1985. Not all states have adopted the UTSA and some states have adopted a modified version of the act.
According to section three of the UTSA, remedies for trade secrets misappropriation can include "both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss." 2 The act also establishes a reasonable royalty calculation as an alternative damage measure. If the court determines the trade secret misappropriation was "willful and malicious," it may award exemplary damages of twice the award plus attorney's fees. 3 The UTSA imposes a 3 year statute of limitations after the misappropriation is discovered (or should have been discovered through reasonable diligence) to bring damage claims against the wrongdoer. 4
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