(3) Remedies.--In a civil action brought under this 
        subsection with respect to the misappropriation of a trade 
        secret, a court may--
                    ``(A) grant an injunction--
                          ``(i) to prevent any actual or threatened 
                      misappropriation described in paragraph (1) on 
                      such terms as the court deems reasonable, provided 
                      the order does not--

[[Page 130 STAT. 380]]

                                    ``(I) prevent a person from entering 
                                into an employment relationship, and 
                                that conditions placed on such 
                                employment shall be based on evidence of 
                                threatened misappropriation and not 
                                merely on the information the person 
                                knows; or
                                    ``(II) otherwise conflict with an 
                                applicable State law prohibiting 
                                restraints on the practice of a lawful 
                                profession, trade, or business;
                          ``(ii) if determined appropriate by the court, 
                      requiring affirmative actions to be taken to 
                      protect the trade secret; and
                          ``(iii) in exceptional circumstances that 
                      render an injunction inequitable, that conditions 
                      future use of the trade secret upon payment of a 
                      reasonable royalty for no longer than the period 
                      of time for which such use could have been 
                      prohibited;
                    ``(B) award--
                          ``(i)(I) damages for actual loss caused by the 
                      misappropriation of the trade secret; and
                          ``(II) damages for any unjust enrichment 
                      caused by the misappropriation of the trade secret 
                      that is not addressed in computing damages for 
                      actual loss; or
                          ``(ii) in lieu of damages measured by any 
                      other methods, the damages caused by the 
                      misappropriation measured by imposition of 
                      liability for a reasonable royalty for the 
                      misappropriator's unauthorized disclosure or use 
                      of the trade secret;
                    ``(C) if the trade secret is willfully and 
                maliciously misappropriated, award exemplary damages in 
                an amount not more than 2 times the amount of the 
                damages awarded under subparagraph (B); and
                    ``(D) if a claim of the misappropriation is made in 
                bad faith, which may be established by circumstantial 
                evidence, a motion to terminate an injunction is made or 
                opposed in bad faith, or the trade secret was willfully 
                and maliciously misappropriated, award reasonable 
                attorney's fees to the prevailing party.