Haw. Rev. Stat. » Haw. Rev. Stat. / Chapter 482B
Hawaii Revised Statutes

Haw. Rev. Stat. § 482B-4 (2026)

] Damages

✓ current as of July 2026
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     [§482B-4]  Damages.  (a)  Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation.  Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss.  In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret.

     (b)  If wilful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (a). [L 1989, c 221, pt of §1]

 

 

Notes of Decisions
Cited in 1 case, 2011–2011 · leading case: BlueEarth Biofuels, LLC v. Hawaiian Elec. Co., 780 F. Supp. 2d 1061 (D. Haw. 2011).
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BlueEarth Biofuels, LLC v. Hawaiian Elec. Co., 780 F. Supp. 2d 1061 (D. Haw. 2011). “Haw.Rev.Stat. § 482B-4. Misappropriation is defined as an '[a]cquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means' or "[d]isclosure or use of a trade secret of another without express or implied…”
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