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Court Of Chancery Awards Big Damages In Stealing Business Case

Posted In Business Torts
Beard Research Inc. v Kates, C.A. 1316-VCP (April 23, 2010) This is an excellent primer on how to litigate a business tort case arising out of an employee's stealing all your confidential information and using it to lure away your customers to his new firm. It also includes a good outline on how to prove damages.  What we found particularly interesting is the interplay between a trade secret claim and a claim for breach of fiduciary duty.  You can have both in one case.  Of course, the elements of proof vary but together these prove an efficient way to maximize a recovery.