Are Attorneys Fees Recoverable When Suing on Trade Secret Claims?

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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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.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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