Cases: Trade Secrets

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

Uniform Trade Secrets Act: Appellate Court Affirms Hefty Fee Awards Against Plaintiff Where Trade Secrets Claims Were Made In Bad Faith

Cases: Trade Secrets

  Sixth District Applies Gemini/Stilwell Bad Faith Test in Two Unpublished Companion Decisions.      In our March 3, 2009 post on K.C. Multimedia, Inc. v. Bank of America Technology & Operations, we discussed a Sixth District Court of Appeal decision that affirmed a $1,114,930 attorney’s fees under Civil Code section 3426.4. That provision authorizes a

Trade Secret Misappropriation: Sixth District Affirms $1,114,930 Attorney’s Fees Award To Defense For Bad Faith Trade Secret Misappropriation Claim

Cases: Special Fee Shifting Statutes, Cases: Standard of Review, Cases: Trade Secrets

Court of Appeal Applies Gemini Bad Faith Test Under Civil Code Section 3426.4.      Civil Code section 3426.4 is a special fee-shifting provision in the trade secret misappropriation area. It authorizes a trial court to make a discretionary award of fees and costs to the prevailing party “if a claim of misappropriation is made in

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