California Courts have discretion to award attorneys’ fees to a prevailing defendant in a trade secrets action where the commencement or continued prosecution of a trade secrets action is in bad faith. A recent decision underscores that a plaintiff pursuing a trade secret claim in California must be careful that it can actually identify with some particularity what trade secrets have been misappropriated.
Continue Reading Failure To Define Trade Secrets Establishes Subjective Bad Faith For Attorneys’ Fees Award Under CUTSA