Intellectual Property Alert: California Court of Appeal Weighs in on the Uniform Trade Secret Act's Preemption of Common Law Claims

On March 3, 2009, the California Court of Appeal for the Sixth District of California addressed the issue of whether the California Uniform Trade Secrets Act (CUTSA) preempts common law claims based on trade secret misappropriation allegations. Although various district courts, including the Northern District of California, have interpreted the CUTSA to preempt such claims, California appellate courts had remained silent on the issue until now, with the Sixth District issuing an opinion consistent with the federal district courts’ CUTSA interpretation.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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