Media company achieves favorable ruling in claim involving damages for theft of trade secret and breach of contract claims with damages calculation

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.

Results achieved

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.