May 29, 2015
May attorneys’ fees be recovered on a claim that trade secrets were stolen?
Under the Texas Uniform Trade Secrets Act, a court may award attorney’s fees to the prevailing party. “The court may award reasonable attorney’s fees to the prevailing party if: (1) a claim of misappropriation is made in bad faith; (2) a motion to terminate an injunction is made or resisted in bad faith; or (3) wilful and malicious misappropriation exists.” Tex. Civ. Prac. & Rem. Code § 134A.005.