§ 60-3323 Award of attorney fees, when.

If someone brings a trade secret case in bad faith, or fights unfairly over ending a court order (injunction), or steals trade secrets on purpose in a harmful way, the judge can make them pay the winning side's attorney fees. This rule is meant to punish people who misuse the legal system or who act dishonestly during a trade secret dispute.

There are three situations where this can happen. First, if someone files a false or dishonest claim that another party stole their trade secrets. Second, if someone acts in bad faith while trying to end (or fighting to keep) a court order related to the case. Third, if a person actually did steal trade secrets on purpose and did it in a harmful or reckless way.

In any of these situations, the judge has the power, but not the requirement, to award attorney fees to whichever side wins the case. This gives courts a way to discourage people from misusing trade secret laws or acting in bad faith during litigation.