What is the Statute of Limitations for a Trade Secrets Claim?

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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What is the statute of limitations for a trade secrets claim? Three years. The Arkansas Uniform Trade Secrets Act explicitly provides that there is a three-year statute of limitations. The three-year time period begins to run when the misappropriation either is discovered, or, should have been discovered by the exercise of reasonable diligence.

A continuing misappropriation constitutes a single claim. Ark. Code Ann. § 4-75-603; Quality Optical of Jonesboro, Inc. v. Trusty Optical, LLC, 225 S.W.3d 369, 371 (Ark. 2006). This means that in some situations, the statute of limitations does not yet begin to tick because certain conduct is ongoing.

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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