Client Alerts & Insights
Jury Finds Phillips 66 Liable For Misappropriating Trade Secrets in $605 Million Verdict
October 25, 2024
Authored By:
Last week, a California jury found Phillips 66 liable for misappropriating trade secrets from Propel Fuels Inc., a low-carbon renewable fuels retailer, and awarded Propel $605 million in damages.
In 2015, Propel went to market with a retail high-blend renewable diesel fuel that targeted the California market. Two years later, in 2017, Phillips 66 entered into negotiations for the acquisition of Propel. During due diligence, and after signing a non-disclosure agreement, Propel shared confidential information, including trade secrets, with Phillips 66. These trade secrets included proprietary strategies, formulas, financial data, and other confidential information. The following year, Phillips 66 abruptly terminated the acquisition negotiations, and entered the renewable fuels market in California shortly thereafter.
Propel then brought suit against Phillips 66 in 2022 for breach of the non-disclosure agreement and misappropriation of eighty-eight trade secrets. At trial, Phillips 66 claimed that Phillips 66 knew nothing about the renewable fuel business prior to receiving Propel’s confidential information, and Phillips 66’s entry into the renewable fuels market caused it direct competitive harm. The jury agreed with Propel, finding that Phillip 66’s emergence into the California renewable fuel market was not only premised on Propel’s trade secrets, but was also willful and malicious. After eight days of deliberation, the jury awarded Propel $605 million in damages.
This verdict underscores why proper due diligence, secure non-disclosure agreements, and protection of trade secrets are necessary during evaluations of and negotiations for potential acquisitions. If you have any questions, please reach out to:
Scott Humphrey at shumphrey@beneschlaw.com or 312.624.6420.
Katie Burnett at kburnett@beneschlaw.com or 312.624.6357.
Amakie Amattey at aamattey@beneschlaw.com or 312.506.3444.
Latest News
Increased CARB Enforcement of Diesel Transport Refrigeration Units (TRUs) Rocks Transporters and Receivers of Refrigerated Shipments in California
The California Air Resources Board (CARB) is expected to ramp up enforcement of the amended Airborne Toxic Control Measure for In-Use Diesel-Fueled Transport Refrigeration Units. These rules impose registration, reporting and compliance obligations on both TRU owners and the facilities that receive refrigerated shipments.
Michigan’s Long-Awaited Anti-SLAPP Law: An Overview for Litigators
Michigan’s Uniform Public Expression Protection Act (“UPEPA”), effective March 24, 2026, is designed to combat Strategic Lawsuits Against Public Participation, commonly known as “SLAPP” suits. Until now, Michigan was one of the few remaining states without an anti-SLAPP statute.
New 301 Tariffs Coming – Immediate Action Items for Supply Chains
The White House is progressing on its two-step plan to impose tariffs following the U.S. Supreme Court’s decision overturning IEEPA tariffs. First, new Section 122 surcharges were announced effective February 24.
DOJ Solidifies Its Universal Policy for Corporate Cooperation Credits
Key Takeaways: On March 10, 2026, the U.S. Department of Justice unveiled the first-ever, department-wide corporate criminal enforcement policy aimed …