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Out-of-state cases under the Uniform Trade Secrets Act (UTSA) can help win UTSA cases, and courts are frequently required to consider out-of-state UTSA cases in state UTSA actions and in federal actions under the Defend Trade Secrets Act, where UTSA claims are often asserted. But finding out-of-state UTSA cases supporting one’s claims can be daunting. This updated edition makes out-of-state UTSA cases readily accessible by analyzing all of the first 40 years of state and federal UTSA published cases (1979-2018) from the 49 UTSA adopting states, which discuss three important issues: 1. Is the information at issue a trade secret under the UTSA? 2. Did the defendant’s conduct constitute trade secret misappropriation under the UTSA? 3. Is the plaintiff entitled to an injunction, damages, and/or attorney’s fees under the UTSA? The comprehensive analysis is accompanied by a clear synthesis of the UTSA case law determining the three trade secret issues above, as well as online synopses of each of the UTSA cases, organized by the type of the alleged trade secret (software, customer list, etc.), the industry involved (software, medical, etc.), and whether the trade secret owner won or lost. The Law of Trade Secret Litigation Under the Uniform Trade Secrets Act, Second Edition, is a must-have resource for trade secret litigators seeking the best published cases supporting their UTSA claims, and for others seeking to better understand UTSA case law.
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Out-of-state cases under the Uniform Trade Secrets Act (UTSA) can help win UTSA cases, and courts are frequently required to consider out-of-state UTSA cases in state UTSA actions and in federal actions under the Defend Trade Secrets Act, where UTSA claims are often asserted. But finding out-of-state UTSA cases supporting one’s claims can be daunting. This updated edition makes out-of-state UTSA cases readily accessible by analyzing all of the first 40 years of state and federal UTSA published cases (1979-2018) from the 49 UTSA adopting states, which discuss three important issues: 1. Is the information at issue a trade secret under the UTSA? 2. Did the defendant’s conduct constitute trade secret misappropriation under the UTSA? 3. Is the plaintiff entitled to an injunction, damages, and/or attorney’s fees under the UTSA? The comprehensive analysis is accompanied by a clear synthesis of the UTSA case law determining the three trade secret issues above, as well as online synopses of each of the UTSA cases, organized by the type of the alleged trade secret (software, customer list, etc.), the industry involved (software, medical, etc.), and whether the trade secret owner won or lost. The Law of Trade Secret Litigation Under the Uniform Trade Secrets Act, Second Edition, is a must-have resource for trade secret litigators seeking the best published cases supporting their UTSA claims, and for others seeking to better understand UTSA case law.