LibGuides: Trade Secrets by Timothy McCan: Statutes and Codes

Trade Secret Statutes in Other States

Survey of State Trade Secret Statutes
Compiled list of the relevant Trade Secret Statutes in each of the 50 States.
Source: Trade Secrets, 0120 SURVEYS 3 (West Law)

Westlaw has compiled a list of the trade secret statutes for each of the 50 states:

Enforcing Non-Compete Clauses under the Uniform Trade Secrets Act
This survey lists state statutes organized by state relevant to enforcing employment non-compete agreements. Source: West Law.

Federal Statutes

Source: www.federalcriminallawyer.us

ECONOMIC ESPIONAGE ACT OF 1996, 18 U.S.C. §§ 1831-1839

Establishes criminal and civil liability for misappropriation of trade secrets. [Legislative History]

INFORMATION TECHNOLOGY EXCHANGE PROGRAM, 5 U.S.C.§ 3704

Prohibits private sector employee assigned to government agency under program from having access to trade secrets valuable to employee’s private sector employer.[Legislative History]

PROTECTION OF VOLUNTARILY SHARED CRITICAL INFRASTRUCTURE INFORMATION, 6 U.S.C. § 133

Provides that voluntary disclosure of certain information to U.S. Department of Homeland Security does not constitute waiver of trade secret protection.

THE TRADE SECRETS ACT, 18 U.S.C. § 1905

Establishes criminal liability for officers or agents of U.S. government agencies who disclose trade secrets.

DESIGNATION BY SPECIAL TRADE REPRESENTATIVE, 19 U.S.C. § 2242

Requires the U.S. Special Trade Representative to identify countries that deny adequate access to or protection for intellectual property rights, including trade secrets.

INTERNAL REVENUE CODE:

26 U.S.C. § 170

Tax deduction for charitable contribution of trade secrets

26 U.S.C. § 6104

Upon request, IRS not to disclose trade secrets in applications for status as tax exempt organization

26 U.S.C. § 6110

IRS not to disclose trade secrets in written determinations, such as determination letters or technical advice memoranda

FREEDOM OF INFORMATION ACT (FOIA), 5 U.S.C. § 552(b)(4)

Public access provisions of FOIA do not apply to trade secret information.

OPEN MEETINGS ACT, 5 U.S.C. § 552b

Agency may close meeting to public observation if otherwise likely to disclose trade secrets.

Source: Bloomberg LawNotes, Quick Reference to Selected Federal Trade Secrets Laws

Florida Uniform Trade Secrets Act

Source: www.statesymbolsusa.org

The Florida Uniform Trade Secrets Act (FUTSA) is codified in Title 39, Chapter 688.001-009 of the Florida Statutes. FUTSA is broken into the following subsections:

§688.002 defines the important terms in the FUTSA including, the definition of a trade secret:

As used in ss. 688.001-688.009, unless the context requires otherwise:

(1) “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.

(2) “Misappropriation” means:

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

(b) Disclosure or use of a trade secret of another without express or implied consent by a person who:

1. Used improper means to acquire knowledge of the trade secret; or

2. At the time of disclosure or use, knew or had reason to know that her or his knowledge of the trade secret was:

a. Derived from or through a person who had utilized improper means to acquire it;

b. Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or

c. Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or

3. Before a material change of her or his 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.

(3) “Person” means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.

(4) “Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, or process that:

(a) 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

(b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Other Relevant Florida Statutes

Fla. Stat. §812.081. Trade Secrets; theft, embezzlement; unlawful copying; definitions; penalty
Florida Statute making Trade Secret Theft a crime
Fla. Stat. §542.335. Valid Restraints of Trade or Commerce
FL statute which allows for the enforcement of restrictive covenants as long as a legitimate business interest exists. Subsection (1) (b) (1) provides that a trade secret as defined in Fla. Stat. §688.002(4) is a legitimate business interest.
Fla. Stat. §119.01. General State Policy on Public Records
Subsection (1) has the effect of destroying the secrecy element for a company who fails to identify trade secret information as exempt from public disclosure. Once in the public records, they are accessible and considered "known" by the general population. See SePRO Corp. v. Fla. Dep't of Envtl. Prot., 839 So. 2d 781, 783 (Fla. Dist. Ct. App. 1st Dist. 2003) ("The trade secret owner who fails to label a trade secret as such, or otherwise to specify in writing upon delivery to a state agency that information which it contends is confidential and exempt under the public records law is not to be disclosed, has not taken measures or made efforts that are reasonable under the circumstances to maintain the information's secrecy." Id. at 784)
Fla. Stat. §215.4401. Board of Administration; Public Record Exemptions
Fla. Stat. that seeks to protect from public disclosure certain forms of Proprietary confidential business information. Subsection (3)(6)(a) expressly includes trade secrets in that definition.