Aerotek, Inc. v. Johnson Grp. Staffing Co., Inc.

As a reminder that attorneys’ fees can be awarded to a defendant under the uniform trade secrets act, where a misappropriation claim is brought in bad faith, a California appellate court, in an unpublished opinion, affirmed such an award on May 13, 2014. The attorney’s fees were the sole issue on appeal in a case that had proceeded through two trials, and dates back to 2007. In the second trial, the court awarded defendants attorneys fees and a “lodestar” multiplier of 1.33 even though attorney Peter Scott agreed to represent defendants free of charge in order to settle a malpractice claim by defendants.

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