What are the legal remedies for the misuse of trade secrets in the United States?
In the United States, legal remedies for the misuse of trade secrets can include civil and criminal penalties. One remedy available in the civil arena is an injunction, which is a court-ordered restriction on the use, disclosure or misappropriation of trade secrets. Such an injunction may temporarily or permanently ban the defendant from using or disclosing the trade secrets, or require them to use reasonable efforts to prevent further misappropriation of the trade secrets. In some cases, a court might also award damages to the plaintiff in order for them to be compensated for the loss of the trade secrets. In addition, the U.S. trade secret laws provide for criminal penalties for the misappropriation of trade secrets. This can include imprisonment and/or fines. The U.S. Department of Justice may also bring criminal charges related to the misappropriation of trade secrets. In California, the California Uniform Trade Secrets Act (CUTSA) provides remedies for trade secrets misappropriation. Under CUTSA, plaintiffs can seek injunctive relief, damages including damages for lost profits and/or unjust enrichment, and/or reasonable attorney fees. In addition, CUTSA provides criminal penalties for those “willfully and maliciously” misappropriating the trade secrets of another. Such criminal penalties can include imprisonment and/or fines.
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