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You are here: Home / CM Tooltip Glossary Pro+ / UTSA prohibits the misappropriation of the trade secret

UTSA prohibits the misappropriation of the trade secret

April 27, 2014 by Owen Gallagher

(2)   “Misappropriation”,

         (i)    acquisition of a trade secret of another by a person who knows or who has reason to know that the trade secret was acquired by improper means; or

        (ii)    disclosure or use of a trade secret of another without that person’s express or implied consent by a person who

        (A)    used improper means to acquire knowledge of the trade secret or

        (B)    at the time of his disclosure or use, knew or had reason to know that his knowledge of the trade secret was

             [I]   derived from or through a person who had utilized improper means to acquire it;

             [II]    acquired under circumstances giving rise to a duty to limit its acquisition, disclosure or use; or

             [III]   derived from or through a person who owed a duty to the person seeking relief to limit its acquisition, disclosure or use; or

       (C)   before a material change of his or her position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.

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About Owen Gallagher

Owen Gallagher is an experienced insurance litigator as well as a certified mediator and arbitrator who specializes in insurance industry disputes. His interest and affinity for insurance began at a young age working the counter at his father’s assigned risk agency in Roxbury. Over the course of his career, Owen has argued a number of cases in the Massachusetts Supreme Judicial Court and has helped agents, insurance companies, and lawmakers alike with the complexities and idiosyncrasies of insurance law in the Commonwealth.  Owen can be reached here.

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