The California Uniform Trade Secrets Act (“CUTSA”) allows for an award of attorney’s fees to the prevailing party on a trade secret misappropriation claim. The statute permits award of attorney’s fees to a plaintiff for a defendant’s “willful and malicious” misappropriation and to a defendant when a plaintiff makes a claim in “bad faith”:
“If a claim of misappropriation is … Continue Reading
Congratulations! You’ve just entered into an agreement to settle your trade secret misappropriation case.
Defendants will pay you money damages, and agree that you may move the court for fees and costs under Civil Code section 3426.4, based upon their alleged willful and malicious misappropriation. Defendants reserve the right to oppose and to tax your costs. Under the … Continue Reading
By Robert B. Milligan, Jessica Mendelson, and Daniel Joshua Salinas
Company information that is sensitive, but may not rise to the level of a trade secret is protectable in California, isn’t it?
Not necessarily. Some recent California decisions have significantly limited an employer’s ability to pursue certain claims and remedies based upon the theft of mere confidential or proprietary information … Continue Reading