Bill Title: Amends the Illinois Trade Secrets Act. Adds to the existing injunction provisions concerning injunction order time limits, the role of an overriding public interest, and the ordering of affirmative acts, new provisions that provide that an order restraining the use of trade secrets must identify the trade secrets involved and provide notice to the restrained party concerning the specific secrets that are enjoined from use, disclosure, or misappropriation. Provides for the mandatory award of attorney's fees, expert fees, and costs to the prevailing party and a mandatory award of attorney's fees and costs for: a false, knowingly inaccurate, or objectively unreasonable statement of trade secret misappropriation; unreasonably resisting the dissolution of an injunction; or filing an amended statement that abandons previously disclosed trade secrets or discloses additional trade secrets (instead of bad faith by a party resisting the termination of an injunction or willful and malicious misappropriation of trade secrets). Provides that if a party fails to comply with an order awarding attorney's fees, the court shall either strike the amended statement or dismiss the action. Provides that an award of attorney's fees and costs shall be tailored to the fees incurred due to the complained-of activity. Provides that attorney's fees may be awarded if there is bad faith by the party seeking or resisting an injunction or if there is willful and malicious misappropriation. Provides that the court may award attorney's fees to a party defending a misappropriation claim if the claim for damages is specious or without substantial proof of economic injury or if an injunction request is for an order substantially greater than necessary under specified circumstances. Provides for mandatory disclosure of the trade secrets allegedly used improperly. Makes other changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-08-15 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB2149 Detail]

Text: Latest bill text (Introduced) [HTML]

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