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Business Torts: Fiduciaries, Unfair Practices, & Trade Secrets: Federal & 50 States Survey

Federal and 50 States Survey

The purpose of this page is to be a springboard for those deciding whether or not to bring a federal or state claim for trade secret theft. In some cases the federal alone may suffice, in some the state may be more favorable, and in other situations both federal and state claims may be favorable if filed together. Just like there is a Model Penal Code or Model Rules of Professional Conduct, there is a Model set of rules for trade secret law known as the Uniform Trade Secret Act. Most states adopt the uniform act (with the exception of New York and Massachusetts), but it is anything but uniform because the states delete and change many provisions. Uniformity has only been recently added with the Federal Defend Trade Secret Act of 2016. 

Defend Trade Secret Act of 2016

Politics and the Trade Secret Act

Alabama

Alaska

Arizona

Arkansas

California Law

Colorado

Connecticut

It is interesting to note that the statute explicitly defines searching through trash as improper means. 

Delaware

Florida

Georgia

Illinois

Hawaii

Idaho

Indiana

Iowa

Kansas

Kentucky

Louisianna

Maine

Maryland

Massachussetts

Michigan

Minnesota

Mississippi

Missouri

Montana

Nebraska

Nevada

New Hampshire

New Jersey

New Mexico

New York (Secondary Source)

North Carolina

North Dakota

Ohio

Oklahoma

Oregon

Pennsylvannia

Rhode Island

South Carolina

South Dakota

Tennessee

Texas

Utah

Vermont

Virginia

Washington

West Virginia

Wisconsin

Wyoming