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The 193rd General Court of the Commonwealth of Massachusetts

Section 42C: Trade secrets; attorney's fees and costs

[Text of section applicable as provided by 2018, 228, Sec. 70.]

Section 42C. The court may award reasonable attorney's fees and costs to the prevailing party if: (i) a claim of misappropriation is made or defended in bad faith, (ii) a motion to enter or to terminate an injunction is made or resisted in bad faith, or (iii) willful and malicious misappropriation exists. In considering such an award, the court may take into account the claimant's specification of trade secrets and the proof that such alleged trade secrets were misappropriated.