{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-338.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-338.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-338.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-338.html"}],"law_id":58508,"edition_id":1,"section_id":58508,"structure_id":15368,"section_number":"59.1-338","catch_line":"Damages","history":"1986, c. 210; 1990, c. 344.","full_text":"A\n\nExcept where the user of a misappropriated trade secret has made a material and prejudicial change in his position prior to having either knowledge or reason to know of the misappropriation and the court determines that a monetary recovery would be 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. If a complainant is unable to prove a greater amount of damages by other methods of measurement, the damages caused by misappropriation can be measured exclusively by imposition of liability for a reasonable royalty for a misappropriator’s unauthorized disclosure or use of a trade secret.B\n\nIf willful and malicious misappropriation exists, the court may award punitive damages in an amount not exceeding twice any award made under subsection A of this section, or $350,000 whichever amount is less.","order_by":null,"text":{"0":{"id":214426,"text":"Except where the user of a misappropriated trade secret has made a material and prejudicial change in his position prior to having either knowledge or reason to know of the misappropriation and the court determines that a monetary recovery would be 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. If a complainant is unable to prove a greater amount of damages by other methods of measurement, the damages caused by misappropriation can be measured exclusively by imposition of liability for a reasonable royalty for a misappropriator’s unauthorized disclosure or use of a trade secret.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":214427,"text":"If willful and malicious misappropriation exists, the court may award punitive damages in an amount not exceeding twice any award made under subsection A of this section, or $350,000 whichever amount is less.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":15368,"edition_id":1,"name":"Uniform Trade Secrets Act","identifier":"26","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:54:20","date_modified":"2026-06-26 03:54:20","permalink":{"id":260915,"object_type":"structure","relational_id":15368,"identifier":"26","token":"59.1\/26","url":"\/59.1\/26\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":73338,"structure_id":15368,"section_number":"59.1-336","catch_line":"Short title and definitions","url":"\/59.1-336\/","token":"59.1\/26\/59.1-336","metadata":false},{"id":68336,"structure_id":15368,"section_number":"59.1-337","catch_line":"Injunctive relief","url":"\/59.1-337\/","token":"59.1\/26\/59.1-337","metadata":false},{"id":58508,"structure_id":15368,"section_number":"59.1-338","catch_line":"Damages","url":"\/59.1-338\/","token":"59.1\/26\/59.1-338","metadata":false},{"id":66491,"structure_id":15368,"section_number":"59.1-338.1","catch_line":"Attorneys' fees","url":"\/59.1-338.1\/","token":"59.1\/26\/59.1-338.1","metadata":false},{"id":77885,"structure_id":15368,"section_number":"59.1-339","catch_line":"Preservation of secrecy","url":"\/59.1-339\/","token":"59.1\/26\/59.1-339","metadata":false},{"id":64200,"structure_id":15368,"section_number":"59.1-340","catch_line":"Statute of limitations","url":"\/59.1-340\/","token":"59.1\/26\/59.1-340","metadata":false},{"id":79359,"structure_id":15368,"section_number":"59.1-341","catch_line":"Effect on other law","url":"\/59.1-341\/","token":"59.1\/26\/59.1-341","metadata":false},{"id":69185,"structure_id":15368,"section_number":"59.1-342","catch_line":"Repealed","url":"\/59.1-342\/","token":"59.1\/26\/59.1-342","metadata":false},{"id":68097,"structure_id":15368,"section_number":"59.1-343","catch_line":"Time of taking effect","url":"\/59.1-343\/","token":"59.1\/26\/59.1-343","metadata":false}],"previous_section":{"id":68336,"structure_id":15368,"section_number":"59.1-337","catch_line":"Injunctive relief","url":"\/59.1-337\/","token":"59.1\/26\/59.1-337","metadata":false},"next_section":{"id":66491,"structure_id":15368,"section_number":"59.1-338.1","catch_line":"Attorneys' fees","url":"\/59.1-338.1\/","token":"59.1\/26\/59.1-338.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-338\/","history_text":"

This law was first created in 1986. The record of its establishment is cataloged in chapter 210 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1986 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1990, chapter 344.<\/p>","references":[{"id":59221,"section_number":"2.2-5506","catch_line":"Confidential business information; Department to establish procedures","order_by":null,"url":"\/2.2-5506\/"}],"refers_to":false,"permalink":{"id":260925,"object_type":"law","relational_id":58508,"identifier":"59.1-338","token":"59.1\/26\/59.1-338","url":"\/59.1-338\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-338\/","token":"59.1\/26\/59.1-338","dublin_core":{"Title":"Damages","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-338","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except where the user of a misappropriated trade secret<\/span> has made a material<\/span> and prejudicial change in his position prior to having either knowledge or reason to know of the misappropriation and the court<\/span> determines that a monetary recovery would be inequitable, a complainant is entitled to recover damages<\/span> for misappropriation. Damages<\/span> 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. If a complainant is unable to prove a greater amount of damages<\/span> by other methods of measurement, the damages<\/span> caused by misappropriation can be measured exclusively by imposition of liability for a reasonable royalty for a misappropriator’s unauthorized disclosure or use of a trade secret<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If willful and malicious<\/span> misappropriation exists, the court<\/span> may award punitive damages<\/span> in an amount not exceeding twice any award made under subsection A of this section, or $350,000 whichever amount is less. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDAMAGES (\u00a7 59.1-338)\n\nA. Except where the user of a misappropriated trade secret has made a material\nand prejudicial change in his position prior to having either knowledge or\nreason to know of the misappropriation and the court determines that a monetary\nrecovery would be inequitable, a complainant is entitled to recover damages for\nmisappropriation. Damages can include both the actual loss caused by\nmisappropriation and the unjust enrichment caused by misappropriation that is\nnot taken into account in computing actual loss. If a complainant is unable to\nprove a greater amount of damages by other methods of measurement, the damages\ncaused by misappropriation can be measured exclusively by imposition of\nliability for a reasonable royalty for a misappropriator’s unauthorized\ndisclosure or use of a trade secret.\n\nB. If willful and malicious misappropriation exists, the court may award\npunitive damages in an amount not exceeding twice any award made under\nsubsection A of this section, or $350,000 whichever amount is less.\n\nHISTORY: 1986, c. 210; 1990, c. 344.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}