Montana § 30-14-404 Damages

Montana Statutes

§ 30-14-404 — Damages

Montana § 30-14-404

Title 30TRADE AND COMMERCE

Ch. 14UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION

Part 4Uniform Trade Secrets Act

This text of Montana § 30-14-404 (Damages) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 30-14-404 (2026).

Text

30-14-404 . Damages.

(1)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 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 use of a trade secret.

(2)If willful and malicious misappropriation exists, the court may award exemplary damages.

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30-14-404 . Damages. (1) 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 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 use of a trade secret.
(2) If willful and malicious misappropriation exists, the court may award exemplary damages.