Cases: Trade Secrets

Trade Secrets: $39,593.87 Fee Award To Defendant, After Case Voluntarily Dismissed By Plaintiff Without Prejudice, Reversed Under Uniform Trade Secrets Act Case

Cases: Trade Secrets

  Plaintiff’s Case Was Not Objectively Specious, Requiring an Overturn of Fee Award.      Under the Uniform Trade Secrets Act (UTSA), Civil Code section 3426.4 permits a trial court to award reasonable attorney’s fees and costs to a prevailing party if it determines that a UTSA claim has been made in “bad faith,” which has […]

Trade Secrets: Plaintiff Losing Time-Barred Trade Secrets Misappropriation Claim Suffered Adverse Fee And Costs Awards Totaling Over $311,000

Cases: Trade Secrets

  Defense Set Up Bad Faith By Sending Litigation Communicative Warnings to Loser Which Showed Claim Was Stale.      We have discussed Civil Code section 3426.4 several times. This provision allows a court to discretionarily award reasonable attorney’s fees and costs to a prevailing party where a claim of trade secret misappropriation was made in

Trade Secrets: Voluntarily Dismissed Action Did Not Lead to Award Of Attorney’s Fees In Trade Secret Action

Cases: Trade Secrets

  Trial Court Found That Employer Did Not File Action in Bad Faith.      Bad faith trade secret claims allow the court to discretionarily award reasonable fees and costs to the prevailing party, although the claimant has to prove both objective speciousness of the plaintiff’s claim and subjective bad faith in bringing/maintaining the claim. (Civ.

Trade Secrets: Defendant Winning Trade Secret Case Properly Denied Fee Recovery

Cases: Standard of Review, Cases: Trade Secrets

  Trial Court’s Finding of “No Bad Faith” Was Deferred to on Appeal.      For appellate practitioners and litigators contemplating an appeal, you by now should know that most factual findings–even those than can be implied–usually will uphold a judgment or trial court determination. This substantial evidence rule and its close cousin, the abuse of

Trade Secrets: Losing Plaintiff In Trade Secret Misappropriation Suit Has Adverse $126,550.13 Fee Award Sustained On Appeal

Cases: Trade Secrets

Blatant Lack of Standing Dooms Plaintiff’s Effort at Reversal.      Civil Code section 3426.4, a fee-shifting statute under the Uniform Trade Secrets Act, allows a court to award reasonable attorney’s fees and costs to the prevailing party if a trade secrets misappropriation claim is made in “bad faith.” Well, the Legislature did not define “bad

Trade Secrets/Costs: Bad Faith Trade Secret Sanctions Of Fees And Costs Cannot Be Imposed Against Party’s Counsel

Cases: Costs, Cases: Trade Secrets

  Second District, Division 2 Finds Silence In Fee Shifting Statute Does Not Translate Into Legislative Intent to Impose Fees and Costs on Counsel.      We have seen a recent surge in cases where appellate courts have reversed trial court decisions imposing fees and costs against a party’s counsel under certain fee shifting or sanction

Trade Secrets: One Losing Plaintiffs Ordered To Pay Compensatory Damages of $72,403 And 80% Of Defense Fees Amounting To $372,094

Cases: Trade Secrets

  Arbitration Panel Awards Fee to Defense, With Motion to Vacate Award Being Denied.      In Holland v. Wachovia Securities, LLC, 2009 WL 7035871 (S.D. Cal. Award May 18, 2009), plaintiffs sued Wachovia Securities, LLC and its manager for wrongful termination based mainly on age discrimination. Wachovia counterclaimed that plaintiffs violated the Computer Fraud and

Trade Secret Fee Award: Second District, Division 6 Affirms $1,641,216.78 Fee/Costs Award For Bad Faith Prosecution Of Trade Secrets Action

Cases: Trade Secrets

Appellate Court Sustains Award Under Gemini Test.      What more perfect venue to devise the “bad faith” trade secret misappropriation fee test than the Silicon Valley? Well, there is none. In fact, the Sixth District in Gemini Aluminum Corp. v. California Custom Shapes, Inc., 95 Cal.App.4th 1249, 1262 (2002) did just that under the California

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