Kain Day

July 15, 2019 | The Recorder

This article considers an area in which differing perspectives on the fundamental goal of trade secret damages may lead to differing damages methodologies: reasonable royalty damages.

By Esha Bandyopadhyay and Kain Day

7 minute read

July 03, 2019 | The Recorder

Whether damages should be directed at calculating the value of a trade secret or at calculating tangible losses incurred by the plaintiff is a fundamental issue tackled in a recent appellate decision out of New York.

By Esha Bandyopadhyay and Kain Day

6 minute read

June 21, 2019 | The Recorder

The Supreme Court's decision in 'FMI v. Argus Media Leader' will have important implications for companies' disclosed information. In fact, it may render certain information that would otherwise qualify as a trade secret under the Defend Trade Secrets Act obtainable under FOIA and therefore “readily ascertainable through proper means.”

By Esha Bandyopadhyay, Kain Day and Rose Sun

6 minute read