Perspective
May 1, 2014
Decision clarifies damages available for NDA breach
The court's guidance is significant because the leading cases on trade-secret damages left open questions regarding the scope of damages recoverable for breach of a nondisclosure agreement. By David A. Schwarz and Douglas Fretty
On April 22, the 6th District Court of Appeal issued its opinion in Grail Semiconductor Inc. v. Mitsubishi Elec. & Elecs. USA Inc., 2014 DJDAR 4920, affirming a post-trial order for a new trial on damages. This decision provides important insights as to the damages available where a defendant breaches a nondisclosure agreement, or NDA, by misappropriating confidential information. The court's guidance is signi...
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