Ariz. Rev. Stat. » Title 44
Arizona Revised Statutes

Ariz. Rev. Stat. § 44-404 (2026)

Attorney fees

✓ current as of May 2026
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The court may award reasonable attorney fees to the prevailing party for any of the following:

1. A claim of misappropriation made in bad faith.

2. A motion to terminate an injunction made or resisted in bad faith.

3. Willful and malicious misappropriation.

Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 2006–2025 · leading case: HTS, Inc. v. Boley, 954 F. Supp. 2d 927 (D. Ariz. 2013).
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HTS, Inc. v. Boley, 954 F. Supp. 2d 927 (D. Ariz. 2013). · cites it 6× “§ 1117 (a), and Ariz.Rev.Stat. § 44-404. (Doc. 17, attachment 1 at 19-20.”
Modular Mining Sys., Inc. v. Jigsaw Tech., Inc., 212 P.3d 853 (Ariz. Ct. App. 2009). · cites it 3× “01 and 44-404, we need not determine whether the award also was warranted under § 44-404. 12 See Kuehn v. Stanley, 208 Ariz.”
True Ctr. Gate Leasing, Inc. v. Sonoran Gate, L.L.C., 427 F. Supp. 2d 946 (D. Ariz. 2006). · cites it 4× “§ 1117 (a) and A.R.S. § 44-404. As noted above, attorneys’ fees under § 1117(a) can be awarded only in exceptional eases where the opposing party' has been guilty of “bad faith or other opprobrious conduct.”
Risas Holdings v. Tackett (Ariz. Ct. App. 2020). · cites it 15× “¶19 We review de novo the application and interpretation of A.R.S. § 44-404. See Sedona Grand, LLC v.”
Universal Engraving, Inc. v. Metal Magic, Inc., 602 F. App'x 367 (9th Cir. 2015). “The AUTSA allows an award of such fees if there is bad faith in filing a claim, Ariz. Rev. Stat. § 44-404 , and defendants argue that there was bad faith here.”
Joshua David Mellberg LLC v. Will (D. Ariz. 2021). · cites it 6× “570) 22 Impact requests this Court award it attorneys’ fees because JDM’s claim were made 23 in bad faith, A.R.S. § 44-404, and because the claims arose out of contract or were so 24 intertwined with the contract claims, A.”
Physics, Materials, & Applied Mathematics Rsch. LLC v. Yeak (D. Ariz. 2024). · cites it 2× “The jury awarded 26 monetary damages on each of these claims, as well as punitive damages against Defendant 27 1 In support, Defendant cites A.R.S. § 44-404(3) and 18 U.S.C. § 1836 (b)(3)(D), which 28 permit an award of attorney fees only for willful and malicious…”
Modulus Global Inc. v. Quintzy FZE LLC (D. Ariz. 2025). · cites it 2× “§ 1836(b)(3)(D); see also A.R.S. § 44-404. Because 7 Plaintiff obtained a default judgment against Defendants and these claims provide a basis 8 for attorney fees, Plaintiff is entitled to an award.”
Modular Mining Sys., Inc. v. Jigsaw Tech., Inc. Olson Blacutt (Ariz. Ct. App. 2009). · cites it 2× “12 Section 44-404 of the Uniform Trade Secrets Act allows a court to award the prevailing party reasonable attorney fees on a misappropriation claim made in bad faith.”
— Ariz. Rev. Stat. § 44-404(1) — 3 cases
Modular Mining Sys., Inc. v. Jigsaw Tech., Inc., 212 P.3d 853 (Ariz. Ct. App. 2009). “01 and 44-404, we need not determine whether the award also was warranted under § 44-404. 12 See Kuehn v. Stanley, 208 Ariz.”
Joshua David Mellberg LLC v. Will (D. Ariz. 2021). “570) 22 Impact requests this Court award it attorneys’ fees because JDM’s claim were made 23 in bad faith, A.R.S. § 44-404, and because the claims arose out of contract or were so 24 intertwined with the contract claims, A.”
Modular Mining Sys., Inc. v. Jigsaw Tech., Inc. Olson Blacutt (Ariz. Ct. App. 2009). “12 Section 44-404 of the Uniform Trade Secrets Act allows a court to award the prevailing party reasonable attorney fees on a misappropriation claim made in bad faith.”
— Ariz. Rev. Stat. § 44-404(3) — 3 cases
HTS, Inc. v. Boley, 954 F. Supp. 2d 927 (D. Ariz. 2013). “§ 1117 (a), and Ariz.Rev.Stat. § 44-404. (Doc. 17, attachment 1 at 19-20.”
Risas Holdings v. Tackett (Ariz. Ct. App. 2020). “¶19 We review de novo the application and interpretation of A.R.S. § 44-404. See Sedona Grand, LLC v.”
Physics, Materials, & Applied Mathematics Rsch. LLC v. Yeak (D. Ariz. 2024). “The jury awarded 26 monetary damages on each of these claims, as well as punitive damages against Defendant 27 1 In support, Defendant cites A.R.S. § 44-404(3) and 18 U.S.C. § 1836 (b)(3)(D), which 28 permit an award of attorney fees only for willful and malicious…”
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