A Robert Quirk

A Robert Quirk

June 25, 2018 | New York Law Journal

Unfair Competition, Trade Secrets Damages Limited to Plaintiff's Losses Under NY Law

In E.J. Brooks Co. v. Cambridge Security Seals, No. 26, 2018 BL 157167 (N.Y. May 3, 2018), a divided New York Court of Appeals announced—over a lively dissent—that compensatory damages for misappropriation of trade secrets and unfair competition are limited to the plaintiff's own losses, and may not include the development costs avoided by defendants.

By Muhammad U. Faridi and A. Robert Quirk

10 minute read