Hong Qiao is a panelist during the session titled “Monetary Remedies for Misappropriation: Lessons from Recent Verdicts and Appeals.”
Large damages awards have become part of the landscape of trade secret litigation. So are reversals, remands, and retrials. Lengthy decisions on damages are being issued by courts across the country and more are expected soon. What do new decisions tell us about what damages are available in trade secret litigation and how damages theories should be presented and tested? Who has the burden of proof and on what issues relating to damages? What damages are available in nascent industries in which neither party has yet made material sales? How does injunctive relief impact available damages, and vice versa? How are courts looking at “avoided development costs” nationally? After completing this session, participants will be able to:
- Consider the economic impact of alleged misappropriation from the outset of the dispute and refine damages theories in the face of new evidence and rulings
- Gather relevant economic facts from the client and the adverse party
- Assess whether damages for acts of misappropriation abroad are available
- Develop and test appropriate damages theories for specific cases
- Evaluate the relationship between economic and equitable remedies
For more information on this event, click here.
