Minnesota Statutes

Minn. Stat. § 325C.04 (2026)

Attorney's Fees

✓ current as of May 2026
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If (i) a claim of misappropriation is made in bad faith, (ii) a motion to terminate an injunction is made or resisted in bad faith, or (iii) willful and malicious misappropriation exists, the court may award reasonable attorney's fees to the prevailing party.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1994–2023 · leading case: Zawels v. Edutronics, Inc., 520 N.W.2d 520 (Minn. Ct. App. 1994).
Zawels v. Edutronics, Inc., 520 N.W.2d 520 (Minn. Ct. App. 1994). · cites it 2× “See Minn.Stat. § 325C.04(iii) (court may award attorney fees if misappropriation willful and malicious).”
Schwan's Co. v. Cai (D. Minn. 2023). · cites it 26× “In its counterclaim, Conagra asserts that it is entitled to relief under Minn. Stat. § 325C.04 because Schwan’s has made “a claim of misappropriation .”
Child.'s Broad. Corp. v. Walt Disney Co., 357 F.3d 860 (8th Cir. 2004). “” Minn.Stat. Ann. § 325C.04(iii). As the district court realized, “there was not a finding of ‘willful and malicious’ conduct by the first jury.”
Mayo Clinic v. Peter L. Elkin, M.D., 540 F. App'x 546 (8th Cir. 2013). “See Minn.Stat. § 325C.04 (permitting a court to award reasonable attorneys’ fees to the prevailing party on a claim for willful and malicious trade secret misappropriation).”
Minn. Stat. § 325C.04(iii): 2 cases
Zawels v. Edutronics, Inc., 520 N.W.2d 520 (Minn. Ct. App. 1994). “See Minn.Stat. § 325C.04(iii) (court may award attorney fees if misappropriation willful and malicious).”
Child.'s Broad. Corp. v. Walt Disney Co., 357 F.3d 860 (8th Cir. 2004). “” Minn.Stat. Ann. § 325C.04(iii). As the district court realized, “there was not a finding of ‘willful and malicious’ conduct by the first jury.”
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