Exclusivity Loss Holds Power In Trade Secret Damages Claims

By Christopher DeBaere and Julia Bloch (September 26, 2023, 3:36 PM EDT) -- Plaintiffs may struggle to quantify damages in trade secret cases when commercial use of the misappropriated information has not yet occurred. This issue often arises in disputes between businesses and their former employees, particularly when a former employee has acquired or retained a company's trade secret information but has not yet started competing with the plaintiff....

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