The Defend Trade Secrets Act of 2016 amended the Economic Espionage Act of 1996 by adding an additional layer of available civil remedies in the misappropriation of trade secrets, which has historically been a state civil matter.
Most trade secret cases involve actions against former employees or business partners. Available remedies include injunctive relief and economic damages. The statute provides for damages of the actual loss, any unjust enrichment beyond the actual loss or a reasonable royalty.
BKD’s litigation support professionals can assist in quantifying trade secret damages in state and federal civil matters through lost profits, unjust enrichment or reasonable royalty damage calculations.