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2018 Georgia Code 10-1-764 | Car Wreck Lawyer

TITLE 10 COMMERCE AND TRADE

Section 1. Selling and Other Trade Practices, 10-1-1 through 10-1-915.

ARTICLE 27 TRADE SECRETS

10-1-764. Award of attorneys' fees.

If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or willful and malicious misappropriation exists, the court may award reasonable attorneys' fees to the prevailing party.

(Code 1981, §10-1-764, enacted by Ga. L. 1990, p. 1560, § 1.)

RESEARCH REFERENCES

ALR.

- Applicability of inevitable disclosure doctrine barring employment of competitor's former employee, 36 A.L.R.6th 537.

Cases Citing O.C.G.A. § 10-1-764

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Taylor, Exr. v. The Devereux Found., Inc. (& Vice Versa), 885 S.E.2d 671 (Ga. 2023).

Cited 11 times | Published | Supreme Court of Georgia | Mar 15, 2023 | 316 Ga. 44

...expenses of litigation” incurred during a specified period in the case of certain offers of settlement rejected by the opposing party in civil litigation); 9-15-14 (“reasonable and necessary attorney’s fees and expenses of litigation” in certain cases of frivolous litigation); 10-1-764 (“reasonable attorneys’ fees to the prevailing party” in certain claims of misappropriation of a trade secret); 13-1- 11 (allowing “obligations to pay attorney’s fees upon any note or other evidence of indebtedness” and requiring...
...§ 2883 (same). 163 Georgia94 have never modified the term “the expenses of litigation.” The General Assembly found it proper to provide only for reasonable attorney fees in OCGA §§ 9-11-68 (b), 9-15-14, 10-1-764, and others, but brought forward the unrestricted term “the expenses of litigation” in OCGA § 13-6-11 and its predecessors in each Code revision since 1860....