Legal Standards For Evaluating A Petition To Award Attorneys’ Fees To A Defendant In A Trade Secret Misappropriation Case

Section 4 of the Uniform Trade Secrets Act provides, in part, that if "a claim of misappropriation is made in bad faith . . . the court may award reasonable attorney’s fees to the prevailing party." The terms "bad faith" and "prevailing party" are not defined in the statute. Most of the few judicial opinions interpreting those terms as they are used in the UTSA in relation to an award of fees in favor of a defendant are not officially reported.

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