May 28, 2024
By:
Devin R. Bates
Category:
Business, Employment, Information Privacy, Security and Data Rights, Intellectual Property, Litigation
BusinessEmploymentInformation Privacy, Security and Data RightsIntellectual PropertyLitigation
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Are attorney fees recoverable when suing on trade secret claims? In some cases, yes. In Arkansas, attorneys’ fees are recoverable in a breach of contract case. As we have discussed in prior blog posts on the subject, trade secret claims are often brought alongside a variety of employment and business-related claims seeking to enforce a variety of agreements. Non-disclosure agreements, confidentiality agreement, and contractual agreements to treat confidential information in a certain matter are all contracts, so pursuing a breach of that contract may in some instances entitle a prevailing party to their reasonable attorneys’ fees. Additionally, in trade secret cases, attorneys’ fees are recoverable when willful and malicious misappropriation exists. Ark. Code Ann. § 4-75-607.
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