Definition Edit

Reasonable attorney's fees are calculated as the product of the reasonable hours that an attorney works times a reasonable rate for those hours.[1] Attorney's fees have also been defined as a fee that is "adequate to attract competent counsel, but . . . [that does] not produce windfalls to attorneys."[2]

As applied to trade secrets Edit

If (i) a claim of misappropriation is made in bad faith, (ii) a motion to terminate an injunction is made or resisted in bad faith, or (iii) willful and malicious misappropriation exists, the court may award reasonable attorney's fees to the prevailing party.[3]

Application Edit

Attorney's fees are awarded upon the discretion of the court, and only if the statute in question requires or allows them, if the case is heard in federal court or if fees were agreed to by the parties in a contract between them.[4] Attorney's fees are not typically awarded in state court.


  1. Blum v. Stenson, 465 U.S. 886, 897 (1984) (full text).
  2. Blum v. Stenson, 465 U.S. 886, 897 (1984) (citing Senate Report No. 94-10011, at 6 (1976)).
  3. Uniform Trade Secrets Act §4 (full text).
  4. See Fed. R. Civ. Proc., Rule 54. See also Which party pays.

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