What types of damages are available in the United States for trade secret misappropriation?

In the United States, there are several types of damages available for trade secret misappropriation. These damages can be either actual damages or punitive damages. Actual damages are those that are designed to compensate the owner of the trade secret for any harm caused by the misappropriation. This could include lost profits, lost sales, lost wages, or other losses incurred as a result of the misappropriation. Actual damages must be proven and quantifiable. Punitive damages are designed to punish the wrongdoer for their actions. In the case of trade secret misappropriation, the owner of the trade secret may be entitled to punitive damages based on a theory of conversion, which is the wrongful use or appropriation of a thing that is not one’s own. In Washington, punitive damages are limited to three times the amount of actual damages awarded. In addition to damages, an injunctive relief may be available to the owner of the trade secret. This is an order from a court that requires the wrongful user of the trade secret to stop using the information and to take certain steps to protect the trade secret from further misuse. In the United States, when a trade secret is misappropriated, the owner of the trade secret may be able to recover damages and injunctive relief for their losses. The types of damages available will depend on the circumstances and the laws of the particular state.

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