The Sedona Conference and its Working Group 12 on Trade Secrets (WG12) are pleased to announce that The Sedona Conference Commentary on Monetary Remedies in Trade Secret Litigation (“Monetary Remedies Commentary”) has been published in final form. The rules for what money a successful trade secret claimant can recover are easy to state but often difficult to apply. This Monetary Remedies Commentary seeks to be a resource to assist parties and decision-makers in addressing monetary remedies and suggests effective methods for determining whether, and in what amount, to award monetary relief for trade secret misappropriation. To achieve these aims, this Monetary Remedies Commentary focuses on the statutory and decisional law that provides for the three core types of damages in trade secret cases: actual loss, unjust enrichment, and, in many cases, royalties. This Monetary Remedies Commentary also analyzes the difficult issues that must be grappled with regarding such damages, including apportionment, causation, reasonable certainty, the applicability and inapplicability of patent damages law precedent in trade secret cases, and many more. We are planning a future webinar to discuss the subjects addressed in the Monetary Remedies Commentary. Look out for our upcoming Sedona Conference communication providing the date and time for our Monetary Remedies Commentary webinar.
The Sedona Conference Working Group 12 on Trade Secrets The mission of WG12 is to develop consensus and nonpartisan principles for managing trade secret litigation and well-vetted guidelines for consideration in protecting trade secrets, recognizing that every organization has and uses trade secrets, that trade secret disputes frequently intersect with other important public policies such as employee mobility and international trade, and that trade secret disputes are litigated in both state and federal courts. To become a member of The Sedona Conference Working Group Series (WGS) and WG12, please visit https://thesedonaconference.org/join. |
