Third Circuit Court Questions Damages Calculation in Trade Secrets Case, Highlights Potential Double-Counting Issue

On June 3, 2025, the Third Circuit panel expressed concern over potential errors in calculating damages in a trade secrets dispute between two regulatory-compliance firms. The panel suggested the jury might have erroneously doubled an expert’s estimation of misappropriated profits, indicating a possible issue of ‘double-counting.’ The defendant in the case warned against assumptions regarding the jury’s rationale. For more detailed information, the original report can be found on Law360.