The Telegistics v. Liquid Networx case that Tim mentioned is worth watching, and the story isn’t over yet. This is the first bad faith jury verdict for trade secrets in Texas. The next step is for defendant (and cross-plaintiff) Liquid Networx to seek attorneys’ fees in July.
The jury found that Telegistics did not actually own the trade secret, and filed suit in bad faith. DTSA says a court MAY award attorneys’ fees for claims made in bad faith.
While this all sounds great for Liquid Networx, obtaining attorneys’ fees is pretty difficult.
We (Tangibly) discussed New York’s TransPerfect v. Lionbridge case a while ago, where the plaintiff had no evidence of wrongdoing before filing the complaint. Defendant won on summary judgment, but still did not win attorneys’ fees.
Teligistics, Inc. v. Liquid Networx, No. 2019-15000, in the 190th Judicial District Court of Harris County, Texas.
Sources:
https://www.law360.com/articles/1684984/texas-jury-says-23m-trade-secret-suit-was-bad-faith-effort
