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  • Writer's picturePaul Peter Nicolai

Trade Secrets Theft Yields Triple Damages

Updated: Oct 11

Where a Massachusetts jury found two defendants liable for the misappropriation of trade secrets from the plaintiff, the court ruled that the conduct was a knowing and willful violation of Chapter 93A. The plaintiff was entitled to treble damages plus reasonable costs and counsel fees.

A jury found two defendants liable for misappropriating the plaintiff’s trade secrets from the plaintiff. Specifically, the jury found that the defendants had misappropriated trade secrets concerning three candidate consultants recruited by the plaintiff, and the defendants had interfered with the plaintiff’s prospective business relationships with one of the candidates. The jury also found misappropriation of trade secrets concerning two prospective clients.

The court determined that the conduct was unfair and deceptive within the meaning of Chapter 93A and that the collaboration concerning the trade secrets was knowing and willful. The court raised the award to approximately $9,500,000 plus attorney fees.

WHY THIS IS IMPORTANT… this decision shows that stealing trade secrets, if done willfully, can be subjected to triple damages, Raising the stakes significantly.

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