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Intellectual Property,
California Courts of Appeal
May 1, 2024
California Court of Appeal clarifies elements of damages recoverable in trade secret misappropriation cases
In a case of first impression, the California Court of Appeal decided a novel issue related to the type of damages that are recoverable under the California Uniform Trade Secrets Act, concluding that a plaintiff may recover as “damages” the costs incurred by a forensic computer expert to stop or mitigate misappropriation.
Steven M. Zadravecz
Partner, Jones Day
Phone: (949) 851-3939
Email: szadravecz@jonesday.com
Univ of San Diego SOL; San Diego CA
Steve is a partner in the firm's Labor & Employment practice.
Randall E. Kay
Partner, Jones Day
4655 Executive Dr Ste 1500
San Diego , CA 92121-3134
Phone: (858) 314-1139
Email: rekay@jonesday.com
Univ of Michigan Law Sch; Ann Arbor MI
Randall works in the firm's Intellectual Property practice in San Diego. The views set forth herein are the personal views of the author and do not necessarily reflect those of the law firm with which he is associated.
Paige Christie
Associate, Jones Day
Labor & Employment
For the first time, the California Court of Appeal ruled on recovery of forensic computer expert costs as monetary damages under the California Uniform Trade Secrets Act (CUTSA) in Applied Med. Distribution Corp. v. Jarrells, 100 Cal.App.5th 556 (2024).
At the time of trial in the underlying case, no California case addressed whether “actual loss caused by misappropriation” under California Civil Code section 34...