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Trade secret litigation: it's getting criminal

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • October 4 2011

One would think that a civil jury award of $1.3 billion (even one that may be subsequently reduced by a judge to $272 million) would provide sufficient warning to companies about the perils of trade secret litigation. But, as the long-running dispute between SAP AG and Oracle Corporation makes clear, defendants should be concerned not just about the possibility of an adverse civil judgment, but also the possibility that matters can get much worse