Civil Litigation,
Intellectual Property
Nov. 15, 2018
Fee award for bad faith in federal trade secrets case is a first
Now that one federal court has adopted the two-pronged “bad faith” analysis used by state courts, litigants might expect other federal courts to follow suit.
Rick A. Waltman
Attorney
Rick Waltman Law APC
Phone: (619) 320-5666
Email: rick@rickwaltmanlaw.com
Rick is an attorney in the firm's Trade Secret and Employee Mobility Practice Group.
The U.S. District Court for the Northern District of California in Swarmify, Inc. v. Cloudflare, Inc., C 17-06957 WHA (Sept. 28, 2018), recently awarded attorney fees against a plaintiff who maintained its trade secret claims in bad faith under the Defend Trade Secrets Act. Plaintiffs suing for trade secret misappropriation under the California Uniform Trade Secrets Act have long been deterred from bringing frivolous claims due to state cou...
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