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Haw. Rev. Stat. § 482B-4

Damages

Known as the Uniform Trade Secrets Act

The act spans §§ 482–482 (9 sections).

Applied in 1 court decision — leading case BlueEarth Biofuels, LLC v. Hawaiian Electric Co. (2011)

Most recently applied in BlueEarth Biofuels, LLC v. Hawaiian Electric Co. (February 2011)

L 1989, c 221, pt of §1

(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).

Official source: Hawaii State Legislature. Reproduced from public-domain Hawaii statutes; confirm against the official source for the current text. Not legal advice.