La perte de chance ou la question des aléas, par Maurice NUSSENBAUM, paru dans Contrat Concurrence Consommation (Les revues de…
Assist a company in valuing the damage resulting from the misappropriation of know-how, is equivalent to estimating the loss incurred by the victim from that theft.
The theft of know-how takes many forms, including: software imitation or tools of production replication, employee poaching, file hijacking, etc.
Given the breadth and nature of the misappropriation, the comparison between a situation where the theft of know-how by the victim’s competitor didn’t occur (But-For situation) and one where such an action did take place (actual situation), can be conducted in one of many ways.
In all cases, however, we answer the following points:
- The existence of client poaching and the profit attached to that portfolio of clients
- The value of the know-how, and the prospective depreciation of that value
- The accelerated depreciation of related investments
Additional costs imposed on the victim such as: recruitment of new employees, additional R&D, etc.
- Upon request, write a report estimating the potential damage demanded by the victim directly resulting from the misappropriation of know-how
- Prepare response to opposing counsel arguments (representing defendants or plaintiffs)
- Assist the client during administrative or judicial proceedings