Ohio Rev. Code » Chapter 1333
Ohio Revised Code

Ohio Rev. Code § 1333.64 (2026)

Attorney's fees

✓ current as of May 2026
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Effective:
July 20, 1994
Latest Legislation:
House Bill 320 - 120th General Assembly
PDF:
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The court may award reasonable attorney's fees to the prevailing party, if any of the following applies:

(A) A claim of misappropriation is made in bad faith.

(B) A motion to terminate an injunction is made or resisted in bad faith.

(C) Willful and malicious misappropriation exists.
Notes of Decisions
Cited in 20 cases (11 in the last 5 years), 2000–2026 · leading case: Phoenix Lighting Grp., L.L.C. v. Genlyte Thomas Grp., L.L.C., 2024 Ohio 5729 (Ohio 2024).
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Phoenix Lighting Grp., L.L.C. v. Genlyte Thomas Grp., L.L.C., 2024 Ohio 5729 (Ohio 2024). · cites it 5× “Phoenix argued that postjudgment attorney fees should be recoverable because it had a statutory right to those fees under R.C. 1333.64(C), which is part of Ohio’s Uniform Trade Secrets Act, and it requested that the court remand the case for a determination of those fees.”
Alegre, Inc. v. Hyde Component Sales, Inc., 2022 Ohio 542 (Ohio Ct. App. 2022). · cites it 12× “The statutory predicate in this case is R.C. 1333.64 of Ohio’s Uniform Trade Secrets Act.”
Boehm v. Black Diamond Casino Events, LLC, 2018 Ohio 2379 (Ohio Ct. App. 2018). · cites it 2× “{¶ 14} The trial court did not explicitly address whether Black Diamond was entitled to attorney fees under R.C. 1333.64, which Black Diamond argued it was because Boehm's appropriation was willful.”
One Lifestyle, Ltd. v. Mohiuddin, 2021 Ohio 1594 (Ohio Ct. App. 2021). · cites it 2× “62, and attorney fees and expenses pursuant to R.C. 1333.64(C). {¶ 10} On October 1, 2019, appellant filed a counterclaim asserting claims for declaratory judgment, discrimination, and intentional interference with contract.”
State ex rel. Besser v. Ohio State Univ., 721 N.E.2d 1044 (Ohio 2000). “63, attorney fees, R.C. 1333.64, and court preservation of trade secrets in a civil action under the Act, R.”
Micropower Grp. v. Ametek, Inc., 953 F. Supp. 2d 801 (S.D. Ohio 2013). · cites it 2× “Defendant also asserts that the recovery of attorney’s fees is appropriate under Ohio Rev.Code § 1333.64 because the Plaintiffs made a trade secret claim in bad faith.”
InfoCision Mgt. Corp. v. Donor Car Ctr., Inc., 2016 Ohio 789 (Ohio Ct. App. 2016). · cites it 7× “The trial court awarded Donor Care, Zachman and Ameridial (all represented by the same counsel) $149,292 in attorney fees from InfoCision and Mills pursuant to R.C. 1333.64, which allows such an award if a party brings a trade secret misappropriation claim in bad faith.”
Total Quality Logistics, L.L.C. v. BBI Logistics, L.LC., 2024 Ohio 2597 (Ohio Ct. App. 2024). · cites it 3× “{¶ 20} BBI'S FIRST ASSIGNMENT OF ERROR: THE TRIAL COURT ERRED IN DENYING BBI AND HUMPHRIES ATTORNEY'S FEES BECAUSE BBI AND HUMPHRIES ARE ENTITLED TO ATTORNEY'S FEES PURSUANT TO R.C. 1333.64. {¶ 21} BBI and Humphries argue that the trial court erred in failing to award them…”
Phoenix Lighting Grp., L.L.C. v. Genlyte Thomas Grp., L.L.C., 2024 Ohio 5729 (Ohio 2024). · cites it 5× “Phoenix argued that postjudgment attorney fees should be recoverable because it had a statutory right to those fees under R.C. 1333.64(C), which is part of Ohio’s Uniform Trade Secrets Act, and it requested that the court remand the case for a determination of those fees.”
Lambda Rsch., Inc. v. Jacobs, 2013 Ohio 348 (Ohio Ct. App. 2013). “But the record reflects that Lambda’s expert witness, Carl Stitch, testified that he could not allocate an amount of attorney fees for the misappropriation claim when it had been interrelated with the civil-conspiracy, tortious-interference, and breach-of-contract claims, when…”
MT Bus. Tech., Inc. v. Greene, 2019 Ohio 4847 (Ohio Ct. App. 2019). · cites it 5× “" CROSS-ASSIGNMENT OF ERROR III {¶ 21} "THE TRIAL COURT ABUSED ITS DISCRETION IN DENYING, IN PART, CROSS-APPELLANT'S MOTION FOR ATTORNEYS' FEES PURSUANT TO THE JURY'S PUNITIVE DAMAGE AWARD AND R.C. § 1333.64(C)." Licking County, Case No.”
R.J. Heating Co., Inc. v. Rust (N.D. Ohio 2024). · cites it 3× “See Ohio Rev. Code § 1333.64; 18 U.S.C. § 1836 (b)(3)(D).”
Show all 20 citing cases →
— Ohio Rev. Code § 1333.64(A) — 5 cases
Total Quality Logistics, L.L.C. v. BBI Logistics, L.LC., 2024 Ohio 2597 (Ohio Ct. App. 2024). “{¶ 20} BBI'S FIRST ASSIGNMENT OF ERROR: THE TRIAL COURT ERRED IN DENYING BBI AND HUMPHRIES ATTORNEY'S FEES BECAUSE BBI AND HUMPHRIES ARE ENTITLED TO ATTORNEY'S FEES PURSUANT TO R.C. 1333.64. {¶ 21} BBI and Humphries argue that the trial court erred in failing to award them…”
Alegre, Inc. v. Hyde Component Sales, Inc., 2022 Ohio 542 (Ohio Ct. App. 2022). “The statutory predicate in this case is R.C. 1333.64 of Ohio’s Uniform Trade Secrets Act.”
Magnesium Mach., LLC v. Terves LLC (N.D. Ohio 2020).
Metron Nutraceuticals, LLC v. Cook (N.D. Ohio 2023).
Shepard & Assocs., Inc. v. Lokring Tech., LLC (6th Cir. 2025).
— Ohio Rev. Code § 1333.64(C) — 8 cases
Phoenix Lighting Grp., L.L.C. v. Genlyte Thomas Grp., L.L.C., 2024 Ohio 5729 (Ohio 2024). “Phoenix argued that postjudgment attorney fees should be recoverable because it had a statutory right to those fees under R.C. 1333.64(C), which is part of Ohio’s Uniform Trade Secrets Act, and it requested that the court remand the case for a determination of those fees.”
One Lifestyle, Ltd. v. Mohiuddin, 2021 Ohio 1594 (Ohio Ct. App. 2021). “62, and attorney fees and expenses pursuant to R.C. 1333.64(C). {¶ 10} On October 1, 2019, appellant filed a counterclaim asserting claims for declaratory judgment, discrimination, and intentional interference with contract.”
Alegre, Inc. v. Hyde Component Sales, Inc., 2022 Ohio 542 (Ohio Ct. App. 2022). “The statutory predicate in this case is R.C. 1333.64 of Ohio’s Uniform Trade Secrets Act.”
Phoenix Lighting Grp., L.L.C. v. Genlyte Thomas Grp., L.L.C., 2024 Ohio 5729 (Ohio 2024). “Phoenix argued that postjudgment attorney fees should be recoverable because it had a statutory right to those fees under R.C. 1333.64(C), which is part of Ohio’s Uniform Trade Secrets Act, and it requested that the court remand the case for a determination of those fees.”
Lambda Rsch., Inc. v. Jacobs, 2013 Ohio 348 (Ohio Ct. App. 2013). “But the record reflects that Lambda’s expert witness, Carl Stitch, testified that he could not allocate an amount of attorney fees for the misappropriation claim when it had been interrelated with the civil-conspiracy, tortious-interference, and breach-of-contract claims, when…”
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