Three views on bad faith, attorney fees

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted October 20, 2016 1:07 PM

A fee fight that turned on what qualifies as “bad faith” under Section 5 of the Illinois Trade Secrets Act sparked a three-way split in the Illinois Appellate Court.After Conxall Corp. lost a four-week jury trial in a Cook County case where it accused iCONN Systems of misappropriating its trade secrets, iCONN fired back with a request for fees under Section 5, which says: “If … a claim of misappropriation is made in bad faith … , the court may award reasonable attorney’s fees to the …

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