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Topic: Uniform Trade Secrets Act

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	LII: Uniform Business and Financial Laws Locator
		Idaho (1974 Act) - §§ 28-41-101 to 28-49-107
		Iowa (1974 Act) - I.C.A. §§ 537.1101 to 537.7103
		Ohio (Revised 1962 Act) - §§ 1340.01 to 1340.13; 2109.66 to 2109.68
	www.law.cornell.edu /uniform/vol7.html (1689 words)

	Uniform Trade Secrets Act (Site not responding. Last check: 2007-10-30)
		The changes to the UTSA enacted by Illinois in the Illinois Trade Secrets Act ("ITSA") are highlighted below in brackets to illustrate this point.
		This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this Act among states enacting it.--strike out].
		If any provision of this Act or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.--strike out].
	my.execpc.com /~mhallign/usta.html (771 words)

	Trade secret - Wikipedia, the free encyclopedia
		A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information used by a business to obtain an advantage over competitors within the same industry or profession.
		Trade secrets are not protected by law in the same manner as trademarks or patents.
		Instead, owners of trade secrets seek to keep their special knowledge out of the hands of competitors through a variety of civil and commercial means, not the least of which is the employment of non-disclosure agreements (NDA) and non-compete clauses.
	en.wikipedia.org /wiki/Trade_secret (1414 words)

	Intellectual Property Law Section - Trade Secrets Committee, Frequently Asked Questions
		Some measures, however, are frequently employed by trade secret holders to protect their valuable information and have been recognized by the courts as constituting reasonable measures to protect the secrecy of the information given the specific context before the court.
		Trade secret status may also be lost through carelessness in the imposition and enforcement of security measures, leading to overbroad or unrestricted disclosure to employees, customers, vendors, or the general public.
		The first is acquisition of a trade secret by one using "improper means" or by one who knows that the trade secret was acquired by someone else through "improper means." "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of duty to maintain secrecy, or espionage through electronic or other means.
	www.calbar.ca.gov /state/calbar/calbar_sections_generic.jsp?cid=11474&id=7984 (3388 words)

	NCCUSL Header
		Trade secrets law must be sophisticated enough to keep pace with the development of technology in the private sector, yet simple enough to be of broad use.
		It is the first comprehensive effort to codify the law of trade secrets protection, incorporating the major common law principles while filling gaps left by the courts.
		Moreover, in a field of law that has been the specialist's domain, the act is sufficiently clear to be readily interpreted by any lawyer representing a client in trade secret litigation.
	www.nccusl.org /nccusl/uniformact_why/uniformacts-why-utsa.asp (452 words)

	5 Va. J.L. & Tech 16 - The Virginia Uniform Trade Secrets Act: A Critical Summary of the Act and Case Law
		There is nothing remarkable in defining the misappropriation of a trade secret of another to mean a disclosure or use of a trade secret of another without express or implied consent by a person who used improper means to acquire the trade secret.
		The Virginia Act’s and Uniform Act’s definition of a trade secret further requires that the trade secret not be generally known.
		The Commentary to the Uniform Act specifically states that the Uniform Act is not intended to affect the law concerning contractual provisions not to disclose trade secrets and covenants by employees not to compete against their employers.
	www.vjolt.net /vol5/issue3/v5i3a15-Babirak.html (8957 words)

	88 Wn. App. 350, NOWOGROSKI INS. v. RUCKER
		As defined by RCW 19.108.010(4) of the Uniform Trade Secrets Act, a "trade secret" is information that derives its value from being subject to reasonable secrecy efforts and not generally known or reasonably ascertainable.
		A damage award under RCW 19.108.030(1) of the Uniform Trade Secrets Act for the misappropriation of a trade secret is reviewed to determine if it is supported by substantial evidence in the record.
		Unjust enrichment damages may not be awarded under RCW 19.108.030(1) of the Uniform Trade Secrets Act in the absence of a sufficient evidentiary basis.
	www.mrsc.org /mc/courts/appellate/088wnapp/088wnapp0350.htm (3408 words)

	Michigan's New Uniform Trade Secrets Act (Site not responding. Last check: 2007-10-30)
		The Michigan Legislature provided statutory protection for trade secrets by the enactment of 1998 Public Act No. 448, the "Uniform Trade Secrets Act." This act, which took effect on December 30, 1998, is Michigan's version of a uniform law which has been adopted, in similar form, in 42 other states.
		It also includes unauthorized disclosure or use of a trade secret by a person who used improper means to acquire knowledge of it, or who knew or had reason to know that the trade secret had been obtained by another through the use of improper means.
		The act provides that a complainant is also entitled to recover damages for misappropriation unless the court determines that an award of damages would be inequitable due to a material and prejudicial change of position occurring before the defendant knew or had reason to know of the misappropriation.
	www.fraserlawfirm.com /Publications/IntProp/IP-TSAct.html (628 words)

	Introduction to US Trade Secret Law
		A trade secret is defined as any valuable business information that is not generally known and is subject to reasonable efforts to preserve confidentiality.
		Generally speaking, a trade secret will be protected from exploitation by those who either obtain access through improper means, those who obtain the information from one who they know or should have known gained access through improper means, or those who breach a promise to keep the information confidential.
		Upon application to the court an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.
	www.ipwatchdog.com /tradesecret.html (673 words)

	Protect Your Trade Secrets - Graziadio Business Report
		The Uniform Trade Secrets Act prohibits the misappropriation of a trade secret.
		A misappropriation of a trade secret does not occur when a former employee announces a new affiliation even to clients of a former employer whose identity would be considered a trade secret.
		The Uniform Trade Secrets Act was drafted so that business owners and their competitors, as well as current and former employees, would have a better understanding of their rights with respect to how a company’s trade secrets can be protected and utilized.
	gbr.pepperdine.edu /024/tradesecrets.html (2130 words)

	The Uniform Trade Secrets Act (Site not responding. Last check: 2007-10-30)
		This uniformity is a good thing for businesses today that operate beyond their own state lines because of the certainty a stable body of law can bring to business relations with partners, customers, and competitors who may be located in different states.
		The UTSA definition expands the traditional common law definition of trade secrets in at least one important way, and that is that the trade secret under the UTSA does NOT need to be used in the trade secret holder’s business.
		One change from the common law under the UTSA was that under the common law, injunctions for prohibiting the defendant from using or disclosing the trade secret were granted for a period of time which was believed to be sufficient to reverse engineer the trade secret.
	www.tms.org /pubs/journals/JOM/matters/matters-0601.html (771 words)

	Important Ruling on Recovering Attorney's Fees Under California's Uniform Trade Secrets Act (Site not responding. Last check: 2007-10-30)
		This was critical, because a secret cannot qualify for trade secret protection unless the plaintiff proves the secret has "independent economic value" from not being known.
		Upshot: After Gemini, the defendants in trade secrets cases have a strong incentive to identify fatal defects in the plaintiffs' claims as early as possible, particularly where there is an obvious absence of evidence to support a key claim element.
		Of course, just because a trade secrets claim is lost does not mean that it was brought in "bad faith." Even under Gemini, a losing party may be able to escape a finding of speciousness by presenting at least one credible fact in support of each element of its claim.
	www.thelenreid.com /articles/article/art_140_idx.htm (916 words)

	Uniform Trade Secrets Act
		(b) This [Act] does not affect: (1) contractual remedies, whether or not based upon misappropriation of a trade secret; or (2) other civil remedies that are not based upon misappropriation of a trade secret; or (3) criminal remedies, whether or not based upon misappropriation of a trade secret.
		This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this Act among states enacting it.
		If any provision of this Act or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
	nsi.org /Library/Espionage/usta.htm (638 words)

	Law Firm of Pepper Hamilton LLP \| Publications
		Under the Act, a plaintiff may seek injunctive relief and monetary damages for the misappropriation of a trade secret, including punitive damages for willful and malicious conduct.
		While the definition of trade secrets under the UTSA includes things such as formulas (such as the recipe for Coca Cola®) and drawings, it also includes compilations, including customer lists, as long as the two requirements are satisfied.
		Despite the new-found consistency trade secret plaintiffs will find in Pennsylvania, it remains to be seen whether they will still face a rather difficult battle against a defendant claiming independent development as a defense.
	www.pepperlaw.com /pepper/publications_update.cfm?rid=468.0 (521 words)

	NCCUSL Header
		The Uniform Trade Secrets Act is an effort to codify the common law with proper clarification of rights and remedies.
		A trade secret, generally, would be exclusive knowledge, of economic value, which has been generated by the labors of a specific person or persons who have an interest in protecting its value.
		The essence of trade secrets protection is that a person with a trade secret may have a remedy in equity and law, if the secret has been misappropriated.
	www.nccusl.org /nccusl/uniformact_summaries/uniformacts-s-tutsa.asp (278 words)

	Joseph Hosteny Intellectual Property Case Studies
		This Act shall be known as and may be cited as the "Illinois Trade Secrets Act".
		(1) contractual remedies, whether or not based upon misappropriation of a trade secret, provided however, that a contractual or other duty to maintain secrecy or limit use of a trade secret shall not be deemed to be void or unenforceable solely for lack of durational or geographical limitation on the duty;
		Further information on the Uniform Trade Secrets Act is available through the National Conference of Commisioners on Uniform State Laws.
	www.hosteny.com /utsa.html (769 words)

	[No title] (Site not responding. Last check: 2007-10-30)
		Lane, a case where the trade secret holder sought an injunction against a party outside of the protective sphere delineated in Cherne, may therefore require a different analysis.
		On the one hand, the owner of a trade secret has a vested interest in keeping her secret confidential (i.e., to continually exploit it for an economic advantage.) As such, statutes similar to the UTSA or Michigan Uniform Trade Secrets Act are commonplace.
		Although the law allows a trade secret owner to recover damages or request criminal prosecution should someone misappropriate her secret, this remedy may be "too little too late." As is the case in Ford, Robert Lane destroyed the value of the Ford secrets with one keystroke.
	www.law.berkeley.edu /institutes/bclt/pubs/annrev/exmplrs/bp/fgbp.DOC (850 words)

	Uniform Trade Secrets Act - Memo in opposition - The Business Council (Site not responding. Last check: 2007-10-30)
		This bill purports to adopt the Uniform Trade Secrets Act, however, the proposed amendment is not part of the model act which would make New York law uniquely prejudicial to owners of proprietary rights subject to trade secret protection.
		For example, under this proposal a trade secret would no longer be protected if it was determined that it was a "risk" to public health or safety or that it might not comply with some arcane regulation.
		It would violate the Taking Clause because precluding judicial protection of trade secrets amounts to destruction of those trade secrets and because trade secrets are a form of property and the destruction of trade secrets constitutes an uncompensated -- and therefore an unconstitutional -- taking of property.
	www.bcnys.org /inside/Legmemos/a10117s8217.htm (426 words)

	Ralph Losey's Law Web - PRACTICAL AND LEGAL PROTECTION OF COMPUTER DATABASES (Site not responding. Last check: 2007-10-30)
		Information will be protected as a trade secret, even where there is no express contract requiring non-disclosure of the information, where based upon the nature of the information and the confidential relationship between the parties, such as employer- employee, equity should imply such an agreement.
		Conversely, if parties have a written contract to treat certain information as a trade secret, and not to disclose it, then even if the information does not legally qualify as a trade secret, the parties may still be required to keep it secret.
		Trade secrecy protection and an express written agreement between the vendor and consumer are necessary to try and protect the database.
	www.floridalawfirm.com /article.html (5079 words)

	[No title]
		One of the broadly stated policies behind trade secret law is "the maintenance of standards of commercial ethics." Kewanee Oil Co. v.
		Injunctions restraining future use and disclosure of misappropriated trade secrets frequently are sought.
		Like injunctive relief, a monetary recovery for trade secret misappropriation is appropriate only for the period in which information is entitled to protection as a trade secret, plus the additional period, if any, in which a misappropriator retains an advantage over good faith competitors because of misappropriation.
	www.law.upenn.edu /bll/ulc/fnact99/1980s/utsa85.htm (4642 words)

	CHAPTER 625* UNIFORM TRADE SECRETS ACT
		This chapter may be cited as the Uniform Trade Secrets Act.
		An injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.
		This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
	www.cga.ct.gov /2005/pub/Chap625.htm (573 words)

	Indiana Code 24-2-3 (Site not responding. Last check: 2007-10-30)
		(b) This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject matter of this chapter among states enacting the provisions of this chapter.
		(1) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or
		(C) before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.
	www.state.in.us /legislative/ic/code/title24/ar2/ch3.html (748 words)

	Finnegan Henderson - Trade Secret Law Practice
		When litigation is necessary to protect our clients' trade secrets and confidential information, our trial lawyers can draw on decades of experience in federal and state courts throughout the U.S. At the appeals stage, we can staff a litigation team with lawyers who have special experience in appellate litigation to handle interlocutory or post-trial appeals.
		Our trade secrets lawyers stay current on this unique area of IP practice by constantly surveying legal developments in a wide range of sources that impact trade secret law, including:
		We also regularly make presentations and provide training seminars on current trade secrets issues to clients, business and legal organizations, and other groups.
	www.finnegan.com /practice/index.cfm?id=12&info=description (479 words)

	Strategic planning for protection of business secrets under the Uniform Trade Secrets Act. \| Human Resources and Labor ... (Site not responding. Last check: 2007-10-30)
		It should be noted that patent protection and trade secret protection are mutually exclusive (patent application requires the public disclosure of information which would invalidate claims of trade secret protection, while the handling of information as trade secrets makes it virtually impossible to create a valid patent claim).
		The Uniform Trade Secrets Act (UTSA) was later amended by the Commissioners in 1985.
		The UTSA as recommended, provides for injunctive relief for actual or threatened misappropriation of valuable information that is deemed a trade secret.
	www.allbusiness.com /periodicals/article/525779-1.html (985 words)

	Trade Secrets
		In fact, California has enacted the Uniform Trade Secrets Act to codify the law which had developed by judicial decision for remedies in the event of misappropriation of a trade secret.
		Typically, a well-drafted trade secret agreement will protect most employers and their confidential information from employees or others who have agreed to be bound by the agreement.
		A trade secret agreement can be an essential tool to fill in gaps in protection usually provided by other theories.
	gindylaw.com /practiceareas/tradesecrets.html (238 words)

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