Massachusetts § 42B Trade secrets; damages

Massachusetts Statutes

§ 42B — Trade secrets; damages

Massachusetts § 42B

Part IADMINISTRATION OF THE GOVERNMENT

Title XVREGULATION OF TRADE

Ch. 93REGULATION OF TRADE AND CERTAIN ENTERPRISES

This text of Massachusetts § 42B (Trade secrets; damages) is published on Counsel Stack Legal Research, covering Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mass. Gen. Laws ch. 93, § 42B (2026).

Text

[Text of section applicable as provided by 2018, 228, Sec. 70.] Section 42B.

(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 of information qualifying as a trade secret. 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 the imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret.

(b)If willf

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[Text of section applicable as provided by 2018, 228, Sec. 70.]

Section 42B. (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 of information qualifying as a trade secret. 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 the imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret.

(b) If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (a).