Addressing Bad Faith Claims Risk In Trade Secrets Cases

Law360, New York (February 2, 2012, 3:33 PM EST) -- For the trade secrets plaintiff, the risk of a fee award under Section 4 of the Uniform Trade Secrets Act is all too easy to ignore in the initial stages of litigation. In most jurisdictions, there are few reported decisions addressing the award of fees to a prevailing defendant under the UTSA, and most trade secrets plaintiffs commence litigation persuaded of the defendants’ villainy and the justice of their claims.

However, plaintiff’s counsel who ignores the client’s potential exposure under UTSA § 4 risks serious strategic...
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