How Should Litigators Establish Evidence in Trade Secret Cases? (2025 Edition)

Varant Yegparian
Varant Yegparian | Hicks Johnson PLLC

His practice spans intellectual property and technology-driven conflicts, as well as high-stakes litigation between major energy companies. Known for his assertive and pragmatic approach, Varant draws on his experience at both an Am Law 200 firm and a regional firm with a substantial trial docket.

On-Demand: November 21, 2024

1 hour CLE

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Program Summary

Trade secret litigation has seen steady growth in recent years, driven by the passage of the federal Defend Trade Secrets Act (DTSA) and the shifts in workplace practices brought on by the pandemic. Litigators must now be well-versed in both federal and state trade secret laws, particularly regarding the evidence needed to establish liability and damages.

This presentation will explore the three critical elements in every trade secret case:

i) Proving the existence of a trade secret

ii) Proving misappropriation

iii) Establishing a defensible damages model

Attendees will also gain insights into practical evidentiary challenges that frequently arise in trade secret litigation.

Key topics to be discussed:

  • Key evidence for establishing liability in trade secret cases
  • Legal considerations for developing damage models and strategies to address them
  • Practical evidentiary issues specific to trade secret litigation

This course is co-sponsored with myLawCLE.

Closed-captioning available

Speakers

Varant Yegparian_myLawCLEVarant Yegparian | Hicks Johnson PLLC

Varant is an accomplished trial lawyer highly skilled in litigating a variety of commercial disputes. His practice spans intellectual property and technology-driven conflicts, as well as high-stakes litigation between major energy companies. Known for his assertive and pragmatic approach, Varant draws on his experience at both an Am Law 200 firm and a regional firm with a substantial trial docket. Whether prosecuting claims or mounting defenses, he is a relentless advocate prepared to see cases through trial. Varant’s track record of delivering exceptional results includes victories in the tech sector and for multinational energy companies.

Notable successes include arbitrating and securing seven- figure awards for medical start-ups, obtaining early dismissal of trade secret theft and unfair competition claims for a cloud computing AI company, and winning a full dismissal after a week-long arbitration in a case involving the billing technology of a global telecommunications giant.

Varant thrives in the courtroom, excelling in witness examinations, jury addresses, and arguments before courts and arbitral panels. His strategic focus on presenting the most compelling case for trial consistently delivers maximum value for his clients.

Technology:

  • Led successful arbitration hearings and trials in disputes over proprietary medical technology, telecommunications, and cloud computing, achieving full dismissals and significant financial awards, including seven-figure settlements and reimbursement of attorneys’ fees
  • Represented a national steel supplier in a favorable settlement related to enterprise resource planning
  • Achieved a multimillion-dollar settlement for a payment-network patent inventor against a Fortune 100 company
  • Secured preemptive court relief to protect sensitive information for an advertising firm

Energy:

  • Achieved the largest recovery for a Fortune 500 exploration company against a major oil and gas firm and obtained substantial settlements for independent operators in joint operating agreement disputes
  • Contributed to successful outcomes in trials and summary judgments for major oil and gas producers in various legal challenges, including offshore platform costs and nuisance claims

Partnership and Organizational Disputes:

  • Secured significant settlements in complex partnership disputes and defended executives in lawsuits, leading to nonsuits without financial settlement

Agenda

I. Key evidence for establishing liability in trade secret cases | 2:00pm – 2:30pm

II. Legal considerations for developing damage models and strategies to address them | 2:30pm – 3:00pm

Break | 3:00pm – 3:10pm

III. Practical evidentiary issues specific to trade secret litigation | 3:10pm – 3:40pm

Preview
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