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Energy & Intellectual Property
unlike other statutory provisions that award attorneys’ fees to the prevailing party, under the DTSA, a party must do more than prevail to be entitled to fees. Ultimately, a party must prove that the misappropriation was willful and malicious, or that the claim was brought in bad faith.
CONCLUSION
The DTSA is a significant step in curbing the theft of trade secrets. It provides an important framework for protecting trade secrets and statutory remedies including injunctive relief, damages, and exemplary damages in the appropriate circumstances. However, a trade secret owner must be vigilant and must protect the information in order to qualify for its protections. In any industry, a proactive program to identify, monitor and protect the information is a must.
Benjamin M. Watson is a Member of Butler | Snow in Ridgeland, MS. Contact him at: Ben.Watson@butlersnow.com. P. Ryan Beckett is also a Member of the firm. Contact him at: Ryan.Beckett@butlersnow.com.
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FDCC ANNUAL INSIGHTS 2023