ID S1339

Adds "physical retention" to the definition of misappropriation, covering disclosure, physical retention, or use of trade secrets without consent when knowledge was acquired through improper means or under circumstances creating a duty to maintain secrecy.

Defines "physical retention" and "physical possession" as keeping, saving, holding, or preserving information beyond mere mental memorization, including electronic means of preservation.

Expands damages available for misappropriation to include actual loss, costs reasonably incurred to avoid consequences or mitigate damages, unjust enrichment, and reasonable royalty for unauthorized disclosure or use.

Establishes that any party acting with knowledge or deliberate/reckless disregard of misappropriation facts shall be jointly and severally liable for all damages when parties act in concert.

Allows prevailing parties in trade secret litigation to recover reasonable attorney's fees set by the court and taxed as costs.