Hey, I Thought We Had An Agreement: California Appellate Court Allows Party To Seek Attorney’s Fees In Trade Secret Case

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 agreement, the trial court is to retain jurisdiction over the case to enforce the settlement agreement. You and defendants then dismiss the action, noting “Plaintiff to separately seek recovery of fees and costs, subject to opposition.”

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