Punitive Damage and Attorney Fee Awards in Trade Secret Cases

This article is the first thorough exploration of the award of punitive damages and attorney's fees under the Uniform Trade Secrets Act, which has been enacted in 47 states. Because of the characteristics of the Uniform Act, some of the traditional justifications for the amount of punitive damages, like the profitability of the defendant's conduct, are inappropriate. Punitive damages also may or may not include reimbursement of a successful plaintiff's attorney's fees, which makes double counting a concern if both punitive damages and an attorney's fee award are requested. A constitutional right to a jury trial with respect to the amount of punitive damages and the United States Supreme Court's invalidation of grossly excessive or arbitrary punitive damages also condition how the Uniform Act punitive damages and attorney's fees provisions should be applied. An inability-to-pay defense should be recognized, especially with respect to defendants that are individuals