What types of damages are available in the United States for trade secret misappropriation?

In the United States, those who have been victims of trade secret misappropriation are able to seek legal remedy in both civil and criminal courts. In California, the civil remedies available include compensatory damages, punitive damages, equitable relief and injunctive relief. Compensatory damages are the main form of monetary relief available to victims. This type of damage compensates the plaintiffs for any economic losses they have suffered as a result of the misappropriation and may also cover attorneys’ fees. Punitive damages may also be awarded in a trade secret misappropriation case. This type of damages is awarded if the court finds that the offender willfully misappropriated the trade secrets or acted in bad faith. Equitable remedies aim to restore the balance between the parties by granting specific performance or an accounting of profits from the misappropriation. Injunctive relief, or an injunction, prevents the defendant from continuing to use the misappropriated trade secrets or from competing with the plaintiff. All of these remedies are available to victims of trade secret misappropriation, although the actual damages awarded to victims are determined on a case-by-case basis.

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