Trade Secrets Uniform Trade Secrets Acts

A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets'... more +
A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets' protected legal status, enterprises must make reasonable efforts to keep the information secret and prevent unnecessary disclosure.  Trade Secrets may include processes, formulas, methods, designs, patterns, et cetera.   less -
News & Analysis as of

State May Not Disclose Trade Secrets Submitted as Part of RFP Response

If you have ever agonized about whether to include certain confidential business information in a bid for a state contract in New Hampshire because of concerns that your competitors might get their hands on it, you should...more

Meritas Capability Webinar - California’s Prohibition Against Non-Compete Agreements (B&P Code § 16600), the Protection of Trade...

Many attorneys representing company’s in or from other states (freedom of contract jurisdictions) believe a well drafted covenant not to compete can be an employer’s best defense against competition from former employees....more

Meritas Capability Webinar - California’s Prohibition Against Non-Compete Agreements (B&P Code § 16600), the Protection of Trade... [Video]

Many attorneys representing company’s in or from other states (freedom of contract jurisdictions) believe a well drafted covenant not to compete can be an employer’s best defense against competition from former employees....more

All Bets Are Off: Kentucky Downs Trade Secrets Case Presents Novel Question Under Kentucky’s Uniform Trade Secrets Act

Earlier this month, AmTote International, Inc. sued the famed Kentucky Downs racetrack, three high-ranking Kentucky Downs employees, and Encore Gaming, LLC in federal court alleging misappropriation of trade secrets related...more

Protecting food industry innovations as the scope of patentable subject matter narrows

Strong intellectual property increases the value of a company. Copyrights, trademarks, patents, and trade secrets are some avenues to protect intellectual property, but understanding when they’re available and understanding...more

Protecting Innovation and Competitive Advantage: Trade Secrets v. Patents

Patents have long been a method of protecting business innovation. However, before any patent is obtained, confidential innovation that has economic value and is not generally known may already be a trade secret, if it is the...more

Swiping from the Swoosh: Nike sues former shoe designers for trade secret theft

Nike recently sued three of its former shoe designers who defected to Adidas, claiming the trio brought trade secrets with them, including Nike’s strategic development plans, design drawings, and other information “tied” to...more

Do You Have To Be The Owner Of A Trade Secret To Sue For Misappropriation?

Can an exclusive licensee of a trade secret sue for its misappropriation? Maybe, even though North Carolina's version of the Uniform Trade Secrets Protection Act reserves the right to sue to an "owner." N.C. Gen. Stat....more

Federal Trade Secret Legislation Gathers Momentum, But Questions Remain

In many ways, trade secret protection has been the “odd man out” among intellectual property rights. While patents, trademarks, and copyrights are dominated by federal statutes, trade secret rights arise under state law. In...more

UPDATE – Uniform Trade Secrets Act Preemption: The Debate Continues… With Possible Implications for Punitive Damages?

Just over one year ago, we noted the continued and vibrant debate among state and federal courts over whether the Uniform Trade Secrets Act (“UTSA”) preempts other claims based on the misappropriation of information when that...more

Arizona Supreme Court Limits Preemptive Sweep of Arizona’s Trade Secrets Act

The Arizona Supreme Court decided yesterday in Orca Communications Unlimited v. Noder that Arizona’s version of the Uniform Trade Secrets Act, A.R.S. § 44-401 et seq., does not preempt common law tort claims for...more

Feds Focus on Trade Secrets

Until recently, trade secrets have been mostly overlooked by federal lawmakers. While federal laws govern patents, trademarks, and copyrights, trade secret protection has been left primarily to the states, most of which have...more

The California Myth About Non-Compete Agreements

Non-compete agreements remain an important and viable tool for the protection of proprietary business information and trade secrets. Are non-compete agreements enforceable if your key employee takes a position with a...more

Tennessee Court Of Appeals Issues New Guidance On Trade Secret Issues

On August 19, 2014, the Tennessee Court of Appeals became the first Tennessee appellate court to address the scope to which Tennessee’s Uniform Trade Secret Act (TUTSA) preempts common law claims related to unfair competition...more

Trade Secrets: Made for TV--Former director owes royalty for stealing source code

Acrimony, anger, revenge, piracy, and a legal battle—these are often the ingredients of a prime-time television drama. But in this case, they are not the makings of a plot found on cable, Netflix, or DVD. Instead, they are...more

New Federal Trade Secret Protections on the Horizon?

Conspicuously absent in the quiver of arrows available to a business looking to take action against someone who has misappropriated or is threatening to misappropriate its trade secrets is a federal cause of action for...more

Federal Trade Secret Legislation Proposal Gains New Life

The prospects for federal trade secret legislation has heated up again as there appears to be bipartisan support for a new bill. After failing in previous years, Senator Coons (D) recently joined forces with Senator Hatch (R)...more

Massachusetts Governor Deval Patrick Proposes Elimination of Most Non-Compete Agreements and Adoption of Uniform Trade Secrets Act

What you need to know: Massachusetts Governor Deval Patrick recently proposed legislative reform that would abolish non-compete agreements made in the technology and life sciences sectors, as well as other, currently...more

European Union To Adopt Union-Wide Trade Secrets Law

In a move heralded by businesses and intellectual property attorneys alike, the European Commission recently indicated that, on Nov. 27, 2013, it will adopt a proposed directive to harmonize national laws making a comparable...more

California Court of Appeal Clarifies the Limits of Statutory Trade Secret Displacement (Supersession)

In a case whose facts plainly compelled the outcome, California’s Fourth Appellate District held on October 15, 2013 in Angelica Textile Services, Inc. v. Jaye Park, No. D062405 that a claim for trade secret misappropriation...more

This Day In Trade Secrets: In October 1859, New York Marble Maker Sues Over Disclosure Of Marbleizing Methods

One hundred and fifty-four years ago this month, New York marble marker Egbert Deming sued Ezra Chapman, seeking to prevent him from disclosing a secret method for making artificial marble. Chapman had agreed in writing not...more

New Texas Trade Secret Law Takes Effect September 1

The Texas Uniform Trade Secrets Act (TUTSA or the Act) takes effect on September 1, 2013, and will apply to the theft of trade secrets occurring on or after that date. While trade secrets have long received protection under...more

Trade Secrets Act Preemption – It’s Still A Mess

In 1979, the Uniform Trade Secrets Act (“UTSA”) was published in an attempt to provide a uniform legal framework for improved trade secret protection across all 50 U.S. states. ...more

This Day In Trade Secrets: Uniform Trade Secrets Act Approved 34 Years Ago Today

On this day in 1979, the National Conference of Commissioners on Uniform State Laws approved the Uniform Trade Secrets Act (UTSA) and recommended it for enactment in all states....more

Do you want to own a secret? What you should know about the new Texas trade secret law

Texas recently became the 47th state to adopt a version of the Uniform Trade Secrets Act (UTSA). The Texas UTSA, taking effect on September 1, 2013, aims to benefit the business community by bringing Texas trade secret law...more

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