What types of damages are available for trade secret misappropriation?

In Massachusetts, trade secret misappropriation can lead to both compensatory and punitive damages. Compensatory damages are meant to make up for the losses suffered because of the misappropriation of the trade secret. These losses may include lost profits, lost wages, and other damages. Punitive damages may also be awarded in cases of trade secret misappropriation. These types of damages are meant to punish the wrongdoer and discourage future misappropriation of trade secrets. Unlike compensatory damages, these damages are not based on the actual loss suffered, but instead are intended to punish the wrongdoer. In addition to these types of damages, a plaintiff may also be able to recover attorneys’ fees and other costs associated with the litigation. These costs may include expert witness fees or other costs associated with the preparation of the case. Finally, an injunction may also be available to prevent further misappropriation of the trade secret. An injunction is a court-ordered restriction that requires a party to stop certain activities, such as using the trade secret or disclosing it to others. In cases of trade secret misappropriation, the types of damages available depend on the particular circumstances of the case. Compensatory and punitive damages, attorneys’ fees, and injunctions may all be awarded in an effort to protect the trade secret.

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