We were retained by the defendant, a diversified Fortune 100 manufacturing and financial services company, to offer testimony regarding damages in a theft of trade secrets case. The case involved allegations by a competitor that two of its former employees who had taken jobs with the defendant had brought with them a large volume of confidential documents—including business plans, marketing plans, strategy presentations, and customer correspondence—and that the defendant had used these materials in various ways that had injured the plaintiff. We testified that most of the materials in question were widely known outside of the plaintiff’s organization or were too dated to be of commercial value. We also showed that the allegedly misappropriated trade secrets had not caused the plaintiff to lose customers to the defendant. For cases in which the defendant had won business from the plaintiff’s customers, those wins had occurred prior to the alleged theft.

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