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California law regarding allows a defendant in a trade secret misappropriation case

October 19, 2012 10:58 am - Posted by Adlilaw in Blog

California law regarding allows a defendant in a trade secret misappropriation case to be awarded if it obtains dismissal of the claim and proves that the claim was commenced or continued in bad faith. The courts require proof of that the claim was objectively speciousness and subjective bad faith. The mere lack of evidence to support a claim is not sufficient to establish bad faith and will not allow a defendant to recovery attorney’s fees.

Daniel Harshman
Partner

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