This is not a substitute for legal advice.  An attorney must be consulted.

"This work is protected under the copyright laws of the United States.  No reproduction, use, or disclosure of this work shall be permitted without the prior express written authorization of the copyright owner.  Copyright ©1994 - 2013 by LAWCHEK, LTD."

A trade secret does not require absolute secrecy.  Other people or companies can possess the same information as long as the facts are not generally known or available.  However, a trade secret owner must take appropriate measures to protect the information.  

Please see specific state for details and/or differences.

ALABAMA | ALASKA | ARIZONA | ARKANSAS | CALIFORNIA | COLORADO | CONNECTICUT | DELAWARE | FLORIDA 
 GEORGIA | HAWAII | IDAHO | ILLINOIS | INDIANA | IOWA | KANSAS | KENTUCKY | LOUISIANA | MAINE | MARYLAND 
 MASSACHUSETTS | MICHIGAN | MINNESOTA | MISSISSIPPI | MISSOURI | MONTANA | NEBRASKA | NEVADA 
 NEW HAMPSHIRE | NEW JERSEY | NEW MEXICO | NEW YORK | NORTH CAROLINA | NORTH DAKOTA | OHIO 
 OKLAHOMA | OREGON | PENNSYLVANIA | RHODE ISLAND | SOUTH CAROLINA | SOUTH DAKOTA | TENNESSEE 
 TEXAS | UTAH | VERMONT | VIRGINIA | WASHINGTON | WEST VIRGINIA | WISCONSIN | WYOMING

ALABAMA
Alabama is one of thirty-nine states that have adopted the Uniform Trade Secrets Act (UTSA).  Alabama defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  Code of Ala. § 8-27-2.

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  Code of Ala. § 8-27-3.  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

Alabama provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  Code of Ala. § 8-27-4.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Code of Ala. § 8-27-4(2) and (3).

ALASKA
Alaska is one of thirty-nine states that have adopted the Uniform Trade Secrets Act (UTSA).  Alaska defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  Alaska Stat. § 45.50.940.

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  Alaska Stat. § 45.50.940.  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

Alaska provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  Alaska Stat. §§ 45.50.910 to 45.50.915.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Alaska Stat. §§ 45.50.910(b) and 45.50.915(b).

ARIZONA
Arizona is one of thirty-nine states that have adopted the Uniform Trade Secrets Act (UTSA).  Arizona defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  A.R.S. § 44.401.

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  Id.  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

Arizona provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  A.R.S. §§ 44.402 to 44-404.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Id.

ARKANSAS
Arkansas is one of thirty-nine states that have adopted the Uniform Trade Secrets Act (UTSA).  Arkansas defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  Ark. Stat. Ann. § 4-75-601(4).

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  Ark. Stat. Ann. § 4-75-601(2).  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

Arkansas provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  Ark. Stat. Ann. §§ 4-75-604 and 4-75-606 - 607.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Ark. Stat. Ann. §§ 4-75-604 and 4-75-607.

CALIFORNIA
California is one of thirty-nine states that have adopted the Uniform Trade Secrets Act (UTSA).  California defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  Cal. Civ. Code § 3426.1(d).

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  Cal. Civ. Code § 3426.1(b).  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

California provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  Cal. Civ. Code §§ 3426.2 to 3426.4.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Id.

COLORADO
Colorado is one of thirty-nine states that have adopted the Uniform Trade Secrets Act (UTSA).  Colorado defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  C.R.S.   § 7-74-102(4).

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  C.R.S. § 7-74-102(2).  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

Colorado provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  C.R.S. §§ 7-74-103 to 7-74-105.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Id.

CONNECTICUT
Connecticut is one of thirty-nine states that have adopted the Uniform Trade Secrets Act (UTSA).  Connecticut defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  Conn. Gen. Stat. § 35-51(d).

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  Conn. Gen. Stat. § 35-51(b).  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

Connecticut provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  Conn. Gen. Stat. §§ 35-52 to 35-54.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Id.

DELAWARE
Delaware is one of thirty-nine states that have adopted the Uniform Trade Secrets Act (UTSA).  Delaware defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  6 Del. C. § 2001(4).

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  6 Del. C. § 2001(2).  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

Delaware provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  6 Del. C. §§ 2002 to 2004.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Id.

FLORIDA
Florida is one of thirty-nine states that have adopted the Uniform Trade Secrets Act (UTSA).  Florida defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  Fla. Stat. ch. 688.02(4).

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  Fla. Stat. ch. 688.02(2).  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

Florida provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  Fla. Stat. chs. 688.003 to 688.0005.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Id.

GEORGIA
Georgia is one of thirty-nine states that have adopted the Uniform Trade Secrets Act (UTSA).  Georgia defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  O.C.G.A. § 10-1-761(4).

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  O.C.G.A. § 10-1-761(2).  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

Georgia provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  O.C.G.A. §§ 10-1-762 to 10-1-764.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Id.

HAWAII
Hawaii is one of thirty-nine states that have adopted the Uniform Trade Secrets Act (UTSA).  Hawaii defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  HRS § 482B-2.

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  Id.  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

Hawaii provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  HRS §§ 482B-3 to 482B-5.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Id.  

IDAHO
Idaho is one of thirty-nine states that have adopted the Uniform Trade Secrets Act (UTSA).  Idaho defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  Idaho Code § 48-801(5).

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  Idaho Code § 48-801(2).  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

Idaho provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  Idaho Code §§ 48-802 and 48-803.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Id.

ILLINOIS
Illinois is one of thirty-nine states that have adopted the Uniform Trade Secrets Act (UTSA).  Illinois defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy. 765 ILCS 1065/2(d).

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  765 ILCS 1065/2(b).  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

Illinois provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  765 ILCS 1065/3 to 1065/5.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Id.

INDIANA
Indiana is one of thirty-nine states that have adopted the Uniform Trade Secrets Act (UTSA).  Indiana defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  Ind. Code Ann. § 24-2-3-2.

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  Id.  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

Indiana provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  Ind. Code Ann. §§ 24-2-3-3 to 24-2-3-5.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Id.

IOWA
Iowa is one of thirty-nine states that have adopted the Uniform Trade Secrets Act (UTSA).  Iowa defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  Iowa Code § 550.2(4).

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  Iowa Code § 550.2(3).  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

Iowa provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  Iowa Code §§ 550.3 to 550.5.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Id.

KANSAS
Kansas is one of thirty-nine states that have adopted the Uniform Trade Secrets Act (UTSA).  Kansas defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  K.S.A.   § 60-3320(4).

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  K.S.A. § 60-3320(2).  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

Kansas provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  K.S.A. §§ 60-3321 to 3323.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Id.

KENTUCKY
Kentucky is one of thirty-nine states that have adopted the Uniform Trade Secrets Act (UTSA).  Kentucky defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  KRS  § 365.880(4).

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  KRS § 365.880(2).  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

Kentucky provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  KRS §§ 365.882 to 365.886.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Id.

LOUISIANA
Louisiana is one of thirty-nine states that have adopted the Uniform Trade Secrets Act (UTSA).  Louisana defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  La. R.S. 51:1431(4).

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  La.R.S. 51:1431(2).  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

Louisana provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation. La. R.S. 51:1432 to 51:1434.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Id.

MAINE
Maine is one of thirty-nine states that have adopted the Uniform Trade Secrets Act (UTSA).  Maine defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy. 10 M.R.S. § 1542(4).

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  10 M.R.S. § 1542(2).  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

Maine provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  10 M.R.S. § 1543 to 1545.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Id.

MARYLAND
Maryland is one of thirty-nine states that have adopted the Uniform Trade Secrets Act (UTSA).  Maryland defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  Md. Commercial Law Code Ann. § 11-1201(d).

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  Md. Commercial Law Code Ann. § 11-1201(c).  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

Maryland provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  Md. Commercial Law Code Ann. §§ 11-1202 to 11-1204.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Id.

MASSACHUSETTS
Massachusetts defines a trade secret as “anything tangible or electronically kept or stored, which constitutes, represents, evidences or records a secret scientific, technical, merchandising, production, or management information, design, process, formula, invention or improvement.”  Mass. Ann. Laws ch. 266 § 30(4).  The courts have also relied upon the trade secret definition found in § 757 of the Restatement (First) of Torts.  See eg., Jet Spray Cooler, Inc. v. Crampton, 282 N.E.2d 138 (Mass. 1972).

A trade secret does not require absolute secrecy.  Other people or companies can possess the same information as long as the facts are not generally known or available.  However, a trade secret owner must take appropriate measures to protect the information.  Id.

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information. Mass. Ann. Laws ch. 93, § 42 (1996).  Reverse Engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

MICHIGAN
Michigan common law defines a trade secret as “any formula, device or compilation of information which is used in one’s business, and which gives him/her an opportunity to obtain an advantage over competitors who do not know or use it.”  Restatement (First) of Torts § 757 cmt. b.  Under this definition, a trade secret must be in continuous use in the operation of the business.”  Id.

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  Restatement (First) of Torts § 757.  Reverse Engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

Michigan provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Restatement (First) of Torts § 758.

MINNESOTA
Minnesota is one of thirty-nine states that have generally adopted the Uniform Trade Secrets Act (UTSA).  The UTSA defines a trade secret as:

Information, including a formula, pattern, compilation, program, device, method, technique, or process that:

            (i) derives independent economic value, actual or potential, from not being generally known to, and not

                 being readily ascertainable by proper means by, other persons who can obtain economic value from its

                 disclosure or use; and

            (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.  Minn. Stat.

                 § 325C.01 subd. 5 (1995)

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  Minn. Stat. § 325C.01 subd. 3 (1995).  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

The UTSA provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  Minn. Stat. § 325C.02-04 (1995).  Generally, the courts will not award damages against a defendant who acquired the trade secret information in good faith and who materially changed his/her position before learning that the information was a trade secret.  Minn. Stat. § 325C.01 subd. 3 (1995)

MISSISSIPPI
Mississippi is one of thirty-nine states that have adopted the Uniform Trade Secrets Act (UTSA).  Mississippi defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  Miss. Code Ann. § 75-26-3(d).

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  Miss. Code Ann. § 75-26-3(b).  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

Mississippi provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  Miss. Code Ann. §§ 75-26-5 to 75-26-9.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Id.

MISSOURI
Missouri common law defines a trade secret as “any formula, device or compilation of information which is used in one’s business, and which gives him/her an opportunity to obtain an advantage over competitors who do not know or use it.”  Restatement (First) of Torts § 757 cmt. b.  Under this definition, a trade secret must be in continuous use in the operation of the business.”  Id.

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  Restatement (First) of Torts § 757.  Reverse Engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

Missouri provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Restatement (First) of Torts § 758.

MONTANA
Montana is one of thirty-nine states that have adopted the Uniform Trade Secrets Act (UTSA).  Montana defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  Mont. Code Ann. § 30-14-402(4).

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  Mont. Code Ann. § 30-14-402(2).  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

Montana provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  Mont. Code Ann. §§ 30-14-403 to 30-14-405.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Id.

NEBRASKA
Nebraska is one of thirty-nine states that have adopted the Uniform Trade Secrets Act (UTSA).  Nebraska defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  R.R.S. Neb. § 87-502(4).

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  R.R.S. Neb. § 87-502(2).  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

Nebraska provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  R.R.S. Neb. §§ 87-503 to 87-505.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Id.

NEVADA
Nevada is one of thirty-nine states that have adopted the Uniform Trade Secrets Act (UTSA).  Nevada defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  Nev. Rev. Stat. Ann. § 600A.030(4).

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  Nev. Rev. Stat. Ann. § 600A.030(2).  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

Nevada provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  Nev. Rev. Stat. Ann. § 600A.040 to 600A.060.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Id.

NEW HAMPSHIRE
New Hampshire is one of thirty-nine states that have adopted the Uniform Trade Secrets Act (UTSA).  New Hampshire defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  RSA 350-B:1(IV).

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  RSA 350-B:1(II).  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

New Hampshire provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation. RSA 350-B:2 to 350-B:4.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Id.

NEW JERSEY
New Jersey common law defines a trade secret as “any formula, device or compilation of information which is used in one’s business, and which gives him/her an opportunity to obtain an advantage over competitors who do not know or use it.”  Restatement (First) of Torts § 757 cmt. b.  Under this definition, a trade secret must be in continuous use in the operation of the business.”  Id.

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  Restatement (First) of Torts § 757.  Reverse Engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

New Jersey provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Restatement (First) of Torts § 758.

NEW MEXICO
New Mexico is one of thirty-nine states that have adopted the Uniform Trade Secrets Act (UTSA).  New Mexico defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  N.M. Stat. Ann. § 57-3A-2(D).

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  N.M. Stat. Ann. § 57-3A-2(B).  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

New Mexico provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  N.M. Stat. Ann. §§ 57-3A-3 to 57-3A-5.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Id.

NEW YORK
New York common law defines a trade secret as “any formula, device or compilation of information which is used in one’s business, and which gives him/her an opportunity to obtain an advantage over competitors who do not know or use it.”  Restatement (First) of Torts § 757 cmt. b.  Under this definition, a trade secret must be in continuous use in the operation of the business.”  Id.

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  Restatement (First) of Torts § 757.  Reverse Engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

New York provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Restatement (First) of Torts § 758.

NORTH CAROLINA
North Carolina is one of thirty-nine states that have adopted the Uniform Trade Secrets Act (UTSA).  North Carolina defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  N.C. Gen. Stat. § 66-152(3).

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  N.C. Gen. Stat. § 66-152(1).  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

North Carolina provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  N.C. Gen. Stat. § 66-154.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Id.

NORTH DAKOTA
North Dakota is one of thirty-nine states that have adopted the Uniform Trade Secrets Act ("UTSA").  North Dakota defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  N.D. Cent. Code § 47-25.1-01(4).

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  N.D. Cent. Code § 47-25.1-01(2).  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

North Dakota provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  N.D. Cent. Code §§ 47-25.1-02 to 47-25.1-04.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Id.

OHIO
Ohio is one of thirty-nine states that have adopted the Uniform Trade Secrets Act (UTSA).  Ohio defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  ORC Ann. 1333.61(D).

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  ORC Ann. 1333.61(B).  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

Ohio provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  ORC Ann. 1333.62 to 1333.64.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Id.

OKLAHOMA
Oklahoma is one of thirty-nine states that have adopted the Uniform Trade Secrets Act (UTSA).  Oklahoma defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  78 Okl. St. § 86(4).

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  78 Okl. St. § 86(2).  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

Oklahoma provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  78 Okl. St. §§ 87 to 89.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Id.

OREGON
Oregon is one of thirty-nine states that have adopted the Uniform Trade Secrets Act (UTSA).  Oregon defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  ORS § 644.461(4).

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  ORS § 644.461(2).  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

Oregon provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  ORS §§ 646.463 to 646.467.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Id.

PENNSYLVANIA
Pennsylvania common law defines a trade secret as “any formula, device or compilation of information which is used in one’s business, and which gives him/her an opportunity to obtain an advantage over competitors who do not know or use it.”  Restatement (First) of Torts § 757 cmt. b.  Under this definition, a trade secret must be in continuous use in the operation of the business.”  Id.

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  Restatement (First) of Torts § 757.  Reverse Engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

Pennsylvania provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Restatement (First) of Torts § 758.

RHODE ISLAND
Rhode Island is one of thirty-nine states that have adopted the Uniform Trade Secrets Act (UTSA).  Rhode Island defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  R.I. Gen. Laws § 6-41-1(D).

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  R.I. Gen. Laws § 6-41-1(B).  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

Rhode Island provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  R.I. Gen. Laws §§ 6-41-2 to 6-41-4.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Id.

SOUTH CAROLINA
South Carolina is one of thirty-nine states that have adopted the Uniform Trade Secrets Act ("UTSA").  South Carolina defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  S.C. Code Ann. § 39-8-1(4).

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  S.C. Code Ann. § 39-8-1(2).  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

South Carolina provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  S.C. Code Ann. § 39-8-2 to 39-8-4.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Id.

SOUTH DAKOTA
South Dakota is one of thirty-nine states that have adopted the Uniform Trade Secrets Act (UTSA).  South Dakota defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  S.D. Codified Laws § 37-29-1(4).

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  S.D. Codified Laws    § 37-29-1(2).  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

South Dakota provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  S.D. Codified Laws § 37-29-2 to 37-29-4.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Id.

TENNESSEE
Tennessee common law defines a trade secret as “any formula, device or compilation of information which is used in one’s business, and which gives him/her an opportunity to obtain an advantage over competitors who do not know or use it.”  Restatement (First) of Torts § 757 cmt. b.  Under this definition, a trade secret must be in continuous use in the operation of the business.”  Id.

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  Restatement (First) of Torts § 757.  Reverse Engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

Tennessee provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Restatement (First) of Torts § 758.

TEXAS
Texas common law defines a trade secret as “any formula, device or compilation of information which is used in one’s business, and which gives him/her an opportunity to obtain an advantage over competitors who do not know or use it.”  Restatement (First) of Torts § 757 cmt. b.  Under this definition, a trade secret must be in continuous use in the operation of the business.”  Id.

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  Restatement (First) of Torts § 757.  Reverse Engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

Texas provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Restatement (First) of Torts § 758.

UTAH
Utah is one of thirty-nine states that have adopted the Uniform Trade Secrets Act (UTSA).  Utah defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  Utah Code Ann. § 13-24-2(4).

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  Utah Code Ann. § 13-24-2(2).  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

Utah provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  Utah Code Ann. §§ 13-24-3 to 13-24-5.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Id.

VERMONT
Currently, Vermont has not enacted Uniform Trade Secrets Act (UTSA) and its courts have not considered whether to protect trade secrets.  However, thirty nine states have enacted versions of the UTSA, which defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  UTSA § 1(4).

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  UTSA § 1(2).  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

The UTSA provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  UTSA    §§ 2-4.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Id.

VIRGINIA
Virginia is one of thirty-nine states that have adopted the Uniform Trade Secrets Act (UTSA).  Virginia defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  Va. Code. Ann. § 59.1-336.

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  Id.  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

Virginia provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  Va. Code. Ann.   §§ 59.1-337 to 59.1-338.1.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Id.

WASHINGTON
Washington is one of thirty-nine states that have adopted the Uniform Trade Secrets Act (UTSA).  Washington defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  Rev. Code Wash. § 19.108.010(4).

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  Rev. Code Wash. § 19.108.010(2).  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

Washington provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  Rev. Code Wash. §§ 19.108.020 to 19.108.040.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Id.

WEST VIRGINIA
West Virginia is one of thirty-nine states that have adopted the Uniform Trade Secrets Act (UTSA).  West Virginia defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  W. Va. Code § 47-22-1(d).

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  W. Va. Code § 47-22-1(b).  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

West Virginia provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  W. Va. Code §§ 47-22-2 to 47-22-4.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Id.

WISCONSIN
Wisconsin is one of thirty-nine states that have adopted the Uniform Trade Secrets Act (UTSA).  Wisconsin defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process that (i) derives independent economic value, actual or potential, from not being generally known or readily ascertainable, and (ii) is the subject of reasonable efforts to maintain its secrecy.  Wis. Stat. § 134.90.

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  Id.  Reverse engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

Wisconsin provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  Id.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Id.

WYOMING
Wyoming common law defines a trade secret as “any formula, device or compilation of information which is used in one’s business, and which gives him/her an opportunity to obtain an advantage over competitors who do not know or use it.”  Restatement (First) of Torts § 757 cmt. b.  Under this definition, a trade secret must be in continuous use in the operation of the business.  Id.

"Misappropriation" can include a variety of acts, such as acquiring a trade secret by improper means or knowingly disclosing confidential information.  Restatement (First) of Torts  § 757.  Reverse Engineering, independent creation, review of public records, and buying or licensing the trade secret are proper ways of obtaining information and are not acts of misappropriation. 

Wyoming provides several remedies to the damaged party.  The courts can: (i) grant injunctive relief for actual or threatened misappropriation; (ii) assign a reasonable royalty upon the continued use of the misappropriated trade secret; (iii) give the plaintiff damages based upon the plaintiff's actual loss, the defendant's unjust enrichment, or a reasonable royalty rate; (iv) award exemplary damages and attorney fees; or (v) order the defendant to take remedial action to remedy the trade secret misappropriation.  Generally, the courts will award lower damage amounts and narrower injunctions against a defendant who acquired the trade secret information in good faith and materially changed his/her position before learning that the information was a trade secret.  Restatement (First) of Torts § 758.