Neb. Rev. Stat. » Chapter 87
Nebraska Revised Statutes

Neb. Rev. Stat. § 87-504 (2026)

Misappropriation; damages

✓ current as of July 2026
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Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or having reason to know of the misappropriation renders a monetary recovery inequitable, a complainant shall be entitled to recover damages for misappropriation. Damages may 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.

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1993–2023 · leading case: Home Pride Foods, Inc. v. Johnson, 634 N.W.2d 774 (Neb. 2001).
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Home Pride Foods, Inc. v. Johnson, 634 N.W.2d 774 (Neb. 2001). · cites it 3× “” The court found the value of those leads to be $10,000 and stated that “[t]o the extent that this value may represent neither an enrichment to Defendants’ or a dollar loss to Plaintiff, it shall be considered a royalty under §87-504.” The court awarded Home Pride $23,000 and…”
West Plains, L.L.C. v. Retzlaff Grain Co., 927 F. Supp. 2d 776 (D. Neb. 2013). · cites it 4× “d/b/a CT Freight Company (“CT Freight”) asserts seven causes of action: (1) misappropriation of trade secrets in violation of Neb. Rev.Stat. § 87-504 against former employees of CT Freight; (2) misappropriation of trade secrets in violation of Neb.”
Dick v. Koski Prof. Grp., 307 Neb. 599 (Neb. 2020). “KPG asked for dam- ages due to actual losses and unjust enrichment, as provided by § 87-504. (e) Tortious Interference With Contact or Business Relationship or Expectancy KPG’s fifth counterclaim was based in part on the same allegations as those set forth in KPG’s counterclaim…”
Richdale Dev. Co. v. McNeil Co., 508 N.W.2d 853 (Neb. 1993). “Section 87-503 provides for injunctive relief, and § 87-504 allows damages under certain circumstances because of misappropriation under the terms of the Trade Secrets Act.”
Crabar/GBF, Inc. v. Wright (D. Neb. 2019). · cites it 2× “Specifically, Crabar's second amended complaint now asserts fourteen theories of recovery: (1) breach of contract (against Wright Printing only); (2) misappropriation of trade secrets in violation of Neb. Rev. Stat. § 87-504 ; (3) tortious interference with business…”
Dice Commc'ns, LLC v. Zappolo (D. Neb. 2023). · cites it 2× “This is an action for breach of noncompetition and nondisclosure agreements, misappropriation of trade secrets under Neb. Rev. Stat. § 87-504 , breach of duty of loyalty, tortious interference with employment and business relationships, violations of the Computer Fraud and Abuse…”
Aksarben Prop. Mgmt., LLC v. Vertical Focus LLC (D. Neb. 2023). · cites it 2× “See Neb. Rev. Stat. § 87-504 . Nebraska law defines misappropriation to include the “[d]isclosure or use of a trade secret without express or implied consent” where the person “used improper means to acquire knowledge of the trade secret” or “knew or had reason to know that…”
Dick v. Koski Prof. Grp., 307 Neb. 599 (Neb. 2020). “KPG asked for dam- ages due to actual losses and unjust enrichment, as provided by § 87-504. (e) Tortious Interference With Contact or Business Relationship or Expectancy KPG’s fifth counterclaim was based in part on the same allegations as those set forth in KPG’s counterclaim…”
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