No Cause of Action Under Georgia’s or Utah’s Trade Secrets Statutes for Misappropriation of Confidential and Proprietary Information Not Qualifying as Trade Secret

Thanks to a recent decision of the Georgia Supreme Court, the assignee of confidential and proprietary information has found itself in a Catch 22 dilemma, precluded from suing under the state’s trade secrets statute because the information did not qualify as trade secrets but prohibited by that statute from bringing related common law claims. Robbins v. Supermarket Equipment Sales, LLC, 290 Ga. 462, 722 S.E.2d 55 (Feb. 6, 2012). A similar ruling was issued by the Utah Court of Appeals a few days later. CDC Restoration & Construc., LC v. Tradesmen Contractors, LLC, 2012 Ut. App. 60 (Feb. 24, 2012). Other courts interpreting the preemption provision of the Uniform Trade Secrets Act are divided.

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