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McDaniel Wolff Client Secures Significant Jury Verdict in Software Trade Secret Dispute

Posted: April 16, 2021

April 9, 2021 - A team of lawyers including McDaniel Wolff attorney Scott Richardson obtained a resounding victory in a federal trade secrets trial on behalf of client Ecoark Holdings Inc. (Zest Labs) against Walmart. The jury returned a verdict awarding Ecoark $115 million in damages, consisting of compensatory damages of $65 million, and $50 million in punitive damages. After a two-week trial before Hon. U.S. District Judge James M. Moody Jr., the jury determined that Walmart misappropriated trade secrets for technologies used to manage the supply chain for fresh produce and meats.

The claims against Walmart in this case included breach of contract, violation of the Arkansas Trade Secrets Act, violation of the Federal Defend Trade Secrets Act, unfair competition, unjust enrichment, breach of the covenant of good faith and fair dealing, conversion, and fraud.

“We are happy that we had our day in court and that the jury found that Walmart misappropriated our trade secrets and breached the agreement between the parties,” Randy May, CEO of Ecoark Holdings, said in a statement. “Intellectual property is key to America's modern economy. The jury understood that protecting trade secrets is the right thing to do and critical to future business operations in Arkansas.”

McDaniel Wolff has a state-wide trade secret litigation practice consisting of experienced attorneys. Our trade secret lawyers are trial-tested in state and federal courts and know what it takes to get superior results for our clients in and out of the courtroom. Our litigators have the technological and industry experience to effectively handle all forms of trade secret litigation in Arkansas.

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