Carlyn Irwin contributed to an article on “Assessing Damages in Trade Secret Litigation” from Corporate Disputes Magazine.
Analysis should measure the extent of the plaintiff’s harm and the defendant’s benefit from using the trade secrets, both in the US and abroad.
The article asked a panel of finance and economics experts to discuss:
- Recent developments shaping trade secret litigation trends
- Incorporating the Defend Trade Secrets Act into damages models
- Trade secret claims related to generative AI tools
- Apportionment in trade secret damages
- Reasonable royalty damages as recovery in trade secret cases
- Trends likely to share the future of damages assessment
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