Stout's Trade Secret Litigation Report Provides Extensive Research and Trends in Federal Trade Secret Cases
CHICAGO, Sept. 22, 2017 /PRNewswire/ -- Today Stout published its comprehensive analysis on federal trade secret matters in its Trends in Trade Secret Litigation Report.
The premiere report details the latest findings from Stout's continual monitoring of the ever-changing federal trade secret litigation landscape. Trade secret litigation activity has increased significantly and will likely expand further as a result of: the enactment of the Defend Trade Secrets Act of 2016 (DTSA); recent patent law that will influence how businesses protect their intellectual property; and workforce mobility and technological advances that contribute to trade secret misappropriation.
The report also features the conclusions derived from Stout's quantitative study on federal trade secret cases in which a verdict was derived or settlement information was publicly available, over a 26-year period from 1990 to 2015. This in-depth research focuses on the historical impact of litigation trends related to, among other things: the types of trade secrets at issue; the types of claims; activity by industry; federal filing jurisdictions; damage awards; time to resolution; appeals; and the use of expert witnesses. With detailed data on observable trends, the study complements Stout's ongoing examination of federal trade secret matters.
"Attorneys and industry experts alike must be increasingly mindful of the nuances impacting where a trade secret case is filed, the damage remedies available in that venue, and emerging precedents available to practitioners for determining damages," the report states.
Key observations from the report include:
- With the DTSA now in place, we expect to see an increase in federal trade secret claims
- The federal courts' findings in recent landmark cases in patent law may lead to companies protecting more information as trade secrets (as opposed to patents)
- Trade secret claims as an element of labor & employment and restrictive covenant litigation is on the upswing as individuals increasingly change jobs
- Trade secret litigation has jumped since 2000 among the information technology, consumer discretionary, and healthcare sectors, and we expect this trend to continue
- There has been an influx of cases involving trade secrets and confidential information relative to computer technology, programing, methods, source code, and designs and blueprints
To see the full analysis, download the report free of charge.
Stout's Trade Secret Experience
At Stout, we focus on the damage aspects of trade secret litigation, which includes ongoing analysis of the trade secrets landscape with particular attention to current and evolving trends. Stout experts are leading authorities on quantifying financial damages related to trade secret misappropriation and violations of restrictive covenants. We bring an independent point of view, deep technical expertise, and a track record of credible and compelling testimony in such matters. Our experts regularly work with in-house and outside counsel, government agencies, and courts, arbitrators, and mediators to provide analysis and expert testimony on a broad range of issues.
About Stout
Stout is a leading independent advisory firm specializing in Investment Banking, Valuation Advisory, Dispute Consulting, and Management Consulting. We serve a range of clients, from Fortune 100 corporations to privately held companies in numerous industries around the world. Our clients and their advisors rely on our premier expertise, deep industry knowledge, and unparalleled responsiveness on complex financial matters. To learn more, visit www.stoutadvisory.com.
Stout is a trade name for Stout Risius Ross, LLC, and Stout Risius Ross Advisors, LLC, a FINRA-registered broker-dealer and SIPC member firm.
SOURCE Stout
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