Principle

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.

Methodology

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.

Our Work

  • 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

Credentials