The lower court, based on Civil Code section 3426.4 (allowing fee - shifting to a prevailing party if a
trade secret claim of
misappropriation is made in bad
faith), awarded $ 735,781.27 in fees to defendants — comprised of a $ 535,215 lodestar augmented by a 1.3 positive enhancement for excellent defense work.
In our next case, the trial court found objective speciousness and subjective bad
faith on the part of Plaintiff SASCO, who sued a competitor and individual defendants alleging
misappropriation of
trade secrets and related torts.