Pennsylvania

Last updated on June 20th, 2008

Last updated on June 20th, 2008

Last updated on May 23rd, 2008

Last updated on May 22nd, 2008

Last updated on May 14th, 2008

Trade Secrets Law in Pennsylvania

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Note: This page covers information specific to Pennsylvania. See the Trade Secrets overview for more general information.

Enacted in 2004, the Pennsylvania Uniform Trade Secrets Act ("PUTSA") is located at chapter 53 of title 12 of the Pennsylvania Consolidated Statutes. PUTSA is largely identical to the Uniform Trade Secrets Act. For generally applicable information on trade secrets claims and defenses, see Basics of a Trade Secret Claim and Publishing Trade Secrets.

Like the Uniform Trade Secret Act, PUTSA prohibits "misappropriation" of trade secrets and provides certain remedies. In addition, Pennsylvania law may impose criminal penalties for stealing trade secrets. See 18 Pa. Cons. Stat. § 3930 (link is to the entire code; you need to choose title 18, part II, article C, chapter 39, subchapter B, and then choose the specific provision).

Definitions

12 Pa. Cons. Stat. § 5302 (link is to the entire code; you need to choose title 12, part V, chapter 53, and then choose the specific provision) defines the key terms of PUTSA:   read more »

Last updated on May 6th, 2008

Last updated on April 24th, 2008

Pennsylvania's Upcoming Right-To-Know Law

Posted April 18th, 2008 by Tuna Chatterjee

Here at the Citizen Media Law Project we recently finished the fourth major section of our Legal Guide on Access to Government Information. As we were researching the various freedom of information laws, we came across Pennsylvania’s recently enacted Right-To-Know Law which goes into effect on January 1, 2009, and wanted to again applaud its arrival (we initially noted the Governor's signing of the law back in February).

The Better Government Association watchdog group ranks Pennsylvania’s current open records law near the bottom (48th of the 50 states) for quality of public access. The law itself dates back to 1957 and seemed fairly ensconced until a recent spate of highly publicized government scandals triggered its reassessment. The notorious attempt by the Pennsylvania Higher Education Assistance Authority’s to cover up the hundreds of thousands of dollars it spent on resort trips for board members and staff over a five year period, and the Democratic caucus’ infamous secret payment of legislative bonuses totaling 1.9 million dollars to staff members were among the more egregious news stories and resulted in public outcry demanding greater government transparency.   read more »

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Pennsylvania State Court Records

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Note: This page covers information specific to Pennsylvania. For general information concerning access to and use of court records see the Access to Courts and Court Records section of this guide.

You have a right to inspect and copy most records and documents filed in Pennsylvania state courts. This right is rooted in the commmonlaw, see Publicker Industries, Inc. v. Cohen, 733 F.2d 1059, 1066 (3d Cir. 1983), and starting January 1, 2009, will be codified in the newly revised Right-To-Know Law. Refer to the section on Access to Public Records in Pennsylvania to better understand what types of records you can access and the mechanisms for doing so under the new law.

Despite the presumption of openness, your right of access is not absolute. A court may seal records under certain circumstances. If you are interested in obtaining court records, you should go to the courthouse where the case is taking place and request the records in writing from the clerk of the court (there will usually be a request form). Refer to the Pennsylvania judiciary's website to find the locations, phone numbers, and websites for the state's courts.   read more »

Last updated on April 17th, 2008

Access to Pennsylvania Court Proceedings

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Note: This page covers information specific to Pennsylvania. For general information concerning access to and use of court proceedings see the Access to Courts and Court Records section of this guide.

You have a right to attend most court proceedings in Pennsylvania state courts. However, your right of access is not absolute, and a court can restrict your access under certain circumstances. If you are interested in attending a court proceeding, visit the Pennsylvania judiciary's website to find the locations, phone numbers, and websites for the state's courts. This pages focuses on your ability to access certain types of proceedings.

Criminal Proceedings

Trial Proceedings

You have a First Amendment right to attend criminal trials, Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580 (1980). This includes the preliminary hearing and the jury selection process. The Pennsylvania Supreme Court has recognized that the principle of openness is also derived from the common law and the state constitution. Pa. Const. art. 1, § 11; Commonwealth v. Fenstermaker, 530 A.2d 414, 417 (Pa. 1987).   read more »

Last updated on April 23rd, 2008

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