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Confidential Information › Unjust Enrichment › Damages

Irwin IP LLP

Post-Trial Roadmap on What Not to Do After a Failed Deal 

Irwin IP LLP on

Propel c. Phillips 66, No. 22CV007197 (Cal. Super. Ct. July 30, 2025) - What went wrong is plain from the record. Phillips 66 courted Propel, obtained deep access to Propel’s models and strategy during diligence, and...more

Axinn, Veltrop & Harkrider LLP

Apportionment of Trade Secret Damages: Will Phillips 66 Ask A Six Hundred Million Dollar Question?

Axinn, Veltrop & Harkrider LLP on

In a trade secret misappropriation action, a complainant is required to prove the amount of its damages with reasonable certainty and that this amount has been caused by the misappropriation. Therefore, the trade secret...more

Seyfarth Shaw LLP

Can a Party Recover Damages for the Anticipated Future Use of Trade Secrets?

Seyfarth Shaw LLP on

Courts have long lamented that “computing damages in a trade secret case is not cut and dry,” Am. Sales Corp. v. Adventure Travel, Inc., 862 F. Supp. 1476, 1479 (E.D. Va. 1994), meaning that “every [trade secret] case...more

Holland & Knight LLP

“Head Start” Damages Affirmed Against Employee Who Started Competitor in China

Holland & Knight LLP on

An often sought remedy in trade secret cases is unjust enrichment, which DTSA and several uniform state trade secret acts permit plaintiffs to seek for the unlawful benefit received by defendants "that is not addressed in...more

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