Analysis Group Principal Robert Vigil Examines Key Developments Reshaping Trade Secret Damages in Corporate Disputes Article
October 1, 2026
In a Corporate Disputes article, “Assessing Damages in Trade Secret Litigation,” Analysis Group Principal Robert Vigil joins other experts in examining how legal developments and emerging technologies are reshaping the assessment of trade secret damages. The discussion highlights heightened judicial scrutiny of large awards; evolving standards for recovering avoided research and development (R&D) costs and damages tied to foreign sales; and the increasing importance of causation, apportionment, and evidentiary support.
Drawing on his economic and damages expertise, Dr. Vigil explains how economic analysis can isolate the incremental value attributable to allegedly misappropriated trade secrets from other sources of value. He also discusses how rising case volumes, differing legal standards under the Defend Trade Secrets Act (DTSA) and state law, and AI are shaping economic modeling and other approaches to assessing trade secret damages.