Best Practices and Latest Developments in Trade Secret Law

I recently presented on “Hot Topics In Trade Secret Law Across the Nation” at the ABA Annual Meeting in San Francisco, California.

Here are seven key takeaways regarding best practices and latest developments from the event that you may find useful:

Understanding the Importance of Trade Secret Preemption

Simply put, trade secret preemption or supersession is the concept that the Uniform Trade Secrets Act (adopted in 47 states) preempts or supersedes all other civil claims for the theft and/or wrongful use of information, except for breach of contract claims. Such claims are typically conversion, unfair competition (common law or statutory), tortious interference with contractual relations or business expectancy, breach of fiduciary duty or breach of duty of loyalty. Additionally, some states do not even permit such claims based upon the theft of confidential information that does not rise to the level of a trade secret. These non-UTSA claims can often be easier to prove than trade secret claims and can provide for tort remedies, rather than mere contract remedies.

To read this blog post click here