The difference is that Lewandowski realized the value of the IP with the sale of the company. If the jury decides trade secrets made up x% of the company, he owes that percent of his proceeds. IMO, IANAL.
Arbitration panel, in this case. The real answer is that the legal system is not set up to keep a globally consistent harm_done->liability map. For one thing, the contents of employment contracts may lead to different damages in otherwise identical circumstances. For another thing, even if the circumstances were identical, it would be inefficient for justices to have to search every other possible case to make sure they are consistent with each other one. The law is a fuzzy rule system, not a perfect logical construct.
