Vident Partners provides vetted trade secret expert witnesses for cases involving misappropriation claims, NDA violation analysis, reasonable protective measures evaluation, and trade secret valuation in departing employee disputes. Request a referral today.
Find a Trade Secrets Expert →Overview
Trade secret experts evaluate whether information qualifies as a trade secret, whether the owner took reasonable measures to protect it, and whether misappropriation occurred. Under the Defend Trade Secrets Act (18 U.S.C. § 1836), trade secret owners may bring federal civil actions for misappropriation of secrets related to products or services used in interstate or foreign commerce 1. The DTSA defines a trade secret at 18 U.S.C. § 1839(3) as information that derives independent economic value from not being generally known and that the owner has taken reasonable measures to keep secret 2. Enacted in 48 states, the Uniform Trade Secrets Act establishes parallel state-law protections and the model definition of misappropriation 3. These experts are essential in departing employee cases where former employees allegedly took proprietary information to competitors, and also assess damages including unjust enrichment and reasonable royalties. The DTSA permits enhanced damages of up to two times actual damages for willful and malicious misappropriation 1.
The Defend Trade Secrets Act allows courts to award up to double damages for willful and malicious misappropriation, making damages quantification a critical component of trade secret litigation.
Case Types
Departing employee trade secret misappropriation
Non-disclosure and non-compete agreement violations
Reasonable protective measures evaluation
Trade secret identification and definition disputes
Trade secret valuation and damages quantification
Qualifications
Related Specialties
FAQ
Under the Defend Trade Secrets Act and the Uniform Trade Secrets Act, a trade secret is information that derives independent economic value from not being generally known, and that the owner has taken reasonable measures to keep secret. This can include formulas, processes, customer lists, software code, and business strategies.
Trade secret experts are needed in misappropriation lawsuits, departing employee disputes, non-compete and NDA enforcement actions, corporate espionage cases, and any case where the existence, ownership, misappropriation, or value of allegedly secret information must be established.
In general, intellectual property expert fees are determined by the expert themselves, based on a variety of criteria. Among those criteria are professional experience, forensic experience, academic qualifications, technical expertise, and publications. Vident does have some influence over expert fees by comparing experts within a specialty, but ultimately it is a personal decision by the expert.
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Vident Partners connects attorneys with qualified trade secrets expert witnesses. Complimentary consultation, 24-hour turnaround, no obligation.
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