What kind of proof do you need to win a trade secret misappropriation claim?

In South Dakota, a successful claim of trade secret misappropriation requires that the person bringing the claim show that the secret was indeed a trade secret, and that it was misappropriated. To show that the secret is a trade secret, the person must demonstrate that the information was kept confidential and that it had independent economic value. It must be something that is not generally known or easily discoverable. Furthermore, the person bringing the claim must demonstrate that the misappropriation was either wrongful acquisition or wrongful disclosure of the trade secret. Proof that the trade secret was wrongfully acquired may involve a showing that the trade secret was copied or stolen, or that confidential information was obtained through fraud or other wrongful means. Similarly, a claim of wrongful disclosure requires proof that the trade secret was disclosed to a party not authorized to receive it or that the trade secret was used or shared with others in violation of the terms of a nondisclosure agreement. Finally, the person bringing the claim must prove that they have suffered damages as a result of the misappropriation. Examples of damages may include loss of profits, loss of benefits, and unjust enrichment to the party who misappropriated the trade secret. If all these elements are proven, the person bringing the claim may be able to obtain compensation and reimbursement of their legal costs.

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What kind of proof do you need to win a trade secret misappropriation claim?

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