Va. Code § 59.1-338.1 : — TRADE AND COMMERCEUNIFORM TRADE SECRETS ACT —338.1 - Attorneys' fees TEXT PDF If the court determines that (i) a claim of misappropriation is made in bad faith, or (ii) willful and malicious misappropriation exists, the court may award reasonable attorneys' fees to the prevailing party. Va. Code § 59.1-338.1 1990, c. 344. Amended by Acts 1990, § c.344.