Oct. 25, 2023
Badges of bad faith in trade secret litigation
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In light of California's recent legislation underscoring its prohibition of covenants not to compete, it is important to appreciate how the State and federal trade secret statutory schemes address the award of attorneys' fees for "bad faith" trade secret litigation. Trade secret claims brought or maintained in "bad faith" often have several common characteristics or "badges." This article addresses the State and federal legal standard for "bad faith," and the...
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