It must be our originalist approach

Michael Rosenhouse • December 29, 2025

Hoary article on damages for trade secret misappropriation remains relevant

It's surprising though highly gratifying that a decades-old research article of ours continues to be helpful.  It's gratifying because when we wrote it -- Proper Measure and Elements of Damages for Misappropriation of Trade Secret, 11 ALR4th 12 -- the notable complaint from the legal academy was that the subject was in a state of relative disorder.  We read the cases and tried to bring some order to it.   The article has been cited by the Sixth and Eighth Circuits, the supreme courts of Alaska, Arkansas, Nebraska, Oklahoma, and Wyoming, and a fair number of lower state and federal courts, including, most recently, US Trinity Defense, LLC v DTV Arms, LLC, 4:22-CV-314-JDK, 2023 WL 3681686, at *7 [ED Tex Mar. 7, 2023](Kernodle, J.).


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