Our client’s need
A major television and internet-based media company faced a suit alleging misappropriation of trade secrets and breach of contract involving the use of confidential data. Asserted damages included a disgorgement of the defendant’s profits and plaintiff’s own lost profits.
Baker Tilly solution
Baker Tilly was engaged to prepare a damages rebuttal analysis. The expert report presented alternative theories of damages and considered factors such as:
- Assumptions and estimates used by the plaintiff’s expert compared to actual data and evidence
- The nature of the asserted trade secret information and the alleged scope of its use
- The nexus between the asserted trade secrets and defendant’s revenues and profits
- The appropriateness of the damages period
- Actual licensing arrangements
Baker Tilly also worked with counsel in preparation for the opposing damages expert’s deposition.
Our client ultimately received a favorable ruling on summary judgment prior to trial.
For more information on this topic, or to learn how Baker Tilly complex commercial litigation specialists can help, contact our team.