Trade Secrets

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

Texas has not adopted a version of the Uniform Trade Secrets Act (UTSA), which is discussed in the Basics of a Trade Secret Claim. In fact, Texas does not have a statute governing trade secrets law. Instead, it is based solely on the common law, which is the compilation of prior court decisions in the state. Like the UTSA, however, Texas law creates civil liability for "misappropriation" of someone else's trade secret(s). In addition, Texas law may impose criminal penalties for stealing trade secrets. See Texas Penal Code § 31.05 (link is to the Penal Code; you need to choose chapter 31 and then the specific provision).   read more »

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 »

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

The Ohio Uniform Trade Secrets Act ("OUTSA") is located at chapter 1333 of title 13 of the Ohio Revised Code. OUTSA 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, OUTSA prohibits "misappropriation" of trade secrets and provides certain remedies.

Definitions

Ohio Rev. Code § 1333.61 defines the key terms of OUTSA:

(A) “Improper means” includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.

(B) “Misappropriation” means any of the following:   read more »

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

The North Carolina Trade Secrets Protection Act is located in chapter 66, article 24 of the North Carolina General Statutes. This Act is similar 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, The North Carolina Trade Secrets Protection Act prohibits "misappropriation" of trade secrets and provides certain remedies.

Definitions

N.C. Gen. Stat. § 66-152 defines the key terms of the Act:

(1)"Misappropriation" means acquisition, disclosure, or use of a trade secret of another without express or implied authority or consent, unless such trade secret was arrived at by independent development, reverse engineering, or was obtained from another person with a right to disclose the trade secret.   read more »

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

New York has not adopted a version of the Uniform Trade Secrets Act (UTSA), which is discussed in the Basics of a Trade Secret Claim. In fact, New York does not have a statute governing trade secrets law. Instead, it is based solely on the common law, which is the compilation of prior court decisions in the state. Like the UTSA, however, New York law creates civil liability for "misappropriation" of someone else's trade secret(s). New York's criminal larceny statute may also impose criminal liability for stealing trade secrets.   read more »

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

New Jersey has not adopted a version of the Uniform Trade Secrets Act (UTSA), which is discussed in the Basics of a Trade Secret Claim. In fact, New Jersey does not have a statute governing trade secrets law. Instead, it is based solely on the common law, which is the compilation of prior court decisions in the state. Like the UTSA, however, New Jersey law creates civil liability for "misappropriation" of someone else's trade secret(s). New Jersey's criminal laws relating to theft may also impose criminal liability for stealing trade secrets.

Definitions

New Jersey courts have adopted the definition of trade secret from Section 757 of the Restatement of Torts: "A trade secret consists of a formula, process, device, or compilation which one uses in his business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it." The Restatement of Torts explains further that a trade secret differs from other secret information in a business in that it is not simply information about single or ephemeral events, but rather a process or device for continuous use in the operation of the business. From a practical perspective, this definition of "trade secret" is similar to that discussed in Basics of a Trade Secret Claim.   read more »