Law Practice
Mar. 22, 2007
Disgorgement of Profits
Focus Column - By Jerome B. Falk Jr. and Michael A. Jacobs - Here's how to avoid a jury and get a defendant in a trade secrets case to disgorge profits.
By Jerome B. Falk Jr. and Michael A. Jacobs
Misappropriation of trade secrets cases are frequent visitors to California courtrooms and, because the plaintiff is entitled to claim damages (Civil Code Section 3426.3(a)), are regularly tried to a jury. In addition to damages, a successful plaintiff may obtain the disgorgement of profits so long as it does not duplicate the plainti...
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