A trade secret claim requires information deriving independent economic value from not being generally known, subject to reasonable secrecy measures, and misappropriated through improper acquisition, disclosure, or use.
The Defend Trade Secrets Act provides a federal cause of action alongside state law adopted from the Uniform Trade Secrets Act.
Alternative Names:
Trade Secret Theft, Misappropriation of Trade Secrets
Why it Matters?
These cases typically move fast, since plaintiffs seek injunctive relief early to prevent use of the information. The reasonable secrecy measures element is where many claims fail, because a company that shared information broadly without confidentiality agreements, access restrictions, or exit protocols cannot establish it protected the material. Forensic evidence of file transfers before departure is usually the core proof.
Frequently Confused with
Related terms
Frequently asked questions
What are reasonable secrecy measures?
Does the federal statute displace state law?
