Arizona Supreme Court Holds that UTSA Does Not Preempt Common Law Claims for Misuse of Confidential Information That Is Not a Trade Secret

The nineteenth century English jurist Lord Ellenborough once observed that “it is difficult to struggle with the common law.”  Kerr v. Willan, 171 Eng. Rep 570 (K.B. 1817).  Nearly two centuries later, struggling with the common law is still a formidable task – especially in cases involving claims of trade secrets misappropriation under the Uniform Trade Secrets Act (“UTSA”).

 

The UTSA, which has been enacted in one form or another by all but two states, provides a statutory remedy for trade secrets misappropriation.  Like the version of the UTSA enacted by other states, Arizona’s version of the UTSA, the Arizona Uniform Trade Secrets Act (“AUTSA”), contains a provision broadly providing that the law “displaces conflicting tort, restitutionary, and other laws of this state providing civil remedies for misappropriation of a trade secret.”  A.R.S. § 44-407(A). 

 

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