What types of damages are available for trade secret misappropriation?

In Texas, if a person or entity is found to have misappropriated a trade secret, the aggrieved party can obtain a variety of remedies to help make them whole. These remedies, known as damages, can include compensatory damages, punitive damages, attorneys’ fees, and an injunction. Compensatory damages are designed to reimburse the aggrieved party for all losses suffered due to the misappropriation. These losses can include lost profits, lost business opportunities, and the costs associated with mitigating the misappropriation. Punitive damages are another remedy designed to punish the wrongdoer and deter them and others from similar misconduct in the future. Punitive damages may be assessed in addition to compensatory damages. In addition to compensatory and punitive damages, the aggrieved party may also be entitled to attorneys’ fees, which will reimburse them for legal costs associated with the misappropriation. Lastly, the aggrieved party may be able to obtain an injunction, which is a court order preventing the wrongdoer from continuing to use the trade secret or disclosing it to others. Injunctions are particularly important in cases of misappropriation because once a trade secret is disclosed, the information can no longer be kept secret. In sum, there are several types of damages available for trade secret misappropriation in Texas, including compensatory damages, punitive damages, attorneys’ fees, and an injunction. Each of these remedies can be utilized to make the aggrieved party whole and deter future misconduct.

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