As any lawyer will tell you, emotion and litigation are not a good mix. Still, it can be difficult not to feel emotional when a betrayal, theft, or other act of deliberate impropriety leads to trade secrets litigation.
An LFJ Conversation with Michael Kelley, Partner, Parker Poe
As any lawyer will tell you, emotion and litigation are not a good mix. Still, it can be difficult not to feel emotional when a betrayal, theft, or other act of deliberate impropriety leads to trade secrets litigation.
Omni Bridgeway explains how a third-party litigation funder can make the litigation process more effective and less disruptive to the business at hand. Experienced funders will be adept at vetting cases in terms of merit, the likelihood of success, and the process that will be needed to ensure that any awards will be collected. Funders can also advise on strategy—though final decisions are always left to clients and their legal teams.
Because funders look at cases as investment opportunities, they’re more adept at seeing the facts objectively. The due diligence conducted by potential funders can increase client understanding of the potential pitfalls of the case.
Trade secrets cases are among the most complex cases to litigate. The increase in digital information and remote work means that data is more vulnerable than ever. Having an established funding firm on your side provides more than funds—it provides a wealth of knowledge and sophistication that only comes from experience.
Trade secrets cases can lead to huge awards, with some recent cases reaching into the nine figures. Cases may also move to federal courts in some circumstances, owing to the federal Defend Trade Secrets Act. This 2016 law encourages filing trade secrets cases in federal district courts.
If pursuing trade secrets legislation is in keeping with the business objectives of your company, having experienced third-party funders in your corner is a savvy move.
