This Law Firm Publication by Epstein Becker & Green, P.C. discusses Conxall Corp. v. ICONN Systems, LLC, et al., in which the Illinois Appellate Court addressed, in a question of first impression, what constitutes "bad faith" for purposes of awarding attorneys' fees to the prevailing party under Section 5 of the Illinois Trade Secrets Act (ITSA). The majority of the sharply divided court held that the test should be the preexisting definition of bad faith in Illinois.