Unpacking Trade Secret Damages

Prof. Elizabeth Rowe (Florida) has posted a new article on trade secret damages: Unpacking Trade Secret Damages.   The article looks at outcomes of about 150 federal trade secret lawsuits that went to trial and received a verdict. These cases are all pre-DTSA and thus in federal court on diversity or supplemental jurisdiction grounds.   Prof Rowe found – in my view – a surprisingly low percentage of cases where punitive damages or attorney fees were awarded (~2% and 8% respectively – of cases with an award).

The award distribution is also highly skewed.  “[T]en cases account for half of the total damages of the approximately $2.4 billion awarded since 2000.”  Top on this list is DuPont’s 2011 award of 900 million against Kolon.

[Read the Article]


One thought on “Unpacking Trade Secret Damages

  1. 1

    Well, we are just going to have to have stiffer penalties for Trade Secret theft and other malfeasance.

    Maybe criminal penalties…

    That’ll learn them.

    (holding up sarcasm sign)

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