Utah Appellate Court Holds That “Confidential” Price List Is Not A Trade Secret But A Contract Bid Could Be, And Uniform Trade Secrets Act Preempts Common Law Claims Based On Misusing Confidential Information Not A “Trade Secret”

In a recent, lengthy decision involving allegations of deceitful acts and unfair competition, the Utah Court of Appeals largely affirmed the lower court’s grant of summary judgment to the defendants with respect to a complaint alleging misappropriation of proprietary data and related conduct. Particularly noteworthy, the appellate court held that the Utah Uniform Trade Secrets Act (UTSA) preempts many common law claims relating to allegations of misuse of confidential information not qualifying as a trade secret. CDC Restoration & Constr., LC, v. Tradesmen Contractors, LLC, 2012 UT App. 60 (Feb. 24, 2012).

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