Injunctive Relief For Trade Secret Misappropriation In Illinois
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Under TUTSA and DTSA, a plaintiff who successfully proves trade secret misappropriation can obtain several types of remedies, including injunctive relief, monetary damages, and, in certain cases, punitive damages.
Remedies for Trade Secret Misappropriation This may include an injunction to prevent the unauthorized disclosure of information and monetary damages to compensate for a disclosure that has already occurred.
Among other things, the UTSA: Defines the types of information eligible for trade secret protection. Sets out a private cause of action for trade secret misappropriation. Provides remedies for misappropriation, including injunctions, damages and, in certain cases, attorneys' fees.
Liability can arise when one party unlawfully acquires, uses, or discloses another party's trade secrets, resulting in harm or damages. There are no express criminal remedies available for misappropriation of a trade secret.
Defenses to a Misappropriation Lawsuit You will need to use your own files and records to prove that you completed development before any dates on which the alleged misappropriation occurred. Related, but less strong, is a defense of reverse engineering.
If you are accused of misappropriating trade secrets, your best defense in many states is actual independent development. Independently developing information from one's own pool of knowledge or the public domain is a complete defense to a company's claim of trade secret misappropriation.
A court may grant an injunction to prevent any actual or threatened misappropriation, provided that the injunction does not “prevent a person from entering into an employment relationship,” and that any conditions placed on employment are based on “evidence of threatened misappropriation and not merely on the ...
The plaintiff in a trade-secret case lawsuit must prove three facts: (1) it has some valuable business information that it has kept secret; (2) the information is not generally known; and (3) the defendant has used that secret. A defendant may attack each showing, but some attacks are better than others.
