What is the scope of trade secret protection in the United States?

In the United States, trade secrets are protected under state law. Trade secret protection is designed to protect confidential information from unauthorized use or disclosure. In Washington, the Uniform Trade Secrets Act (UTSA) provides the scope of trade secret protection. The UTSA defines a trade secret as information that is not generally known or ascertainable by proper means and is the subject of reasonable efforts to maintain its secrecy. This may include confidential business information, customer lists, manufacturing processes, and formulas. Under the UTSA, the holder of a trade secret has the right to pursue legal action against any person or entity who misappropriates the trade secret. Misappropriation includes any act of acquiring, using, or disclosing the trade secret without the consent of the owner. A misappropriator can be held liable for damages and injunctive relief, such as restraining orders, can be sought to stop the misappropriator from using or disclosing the trade secret. The UTSA also provides that an employer has the right to exclude an employee from working on a trade secret when the employee has a duty of loyalty and confidentiality. If the employee breaches their duty, they may be held liable for any losses incurred by the employer or trade secret holder. Trade secret protection is an important right that allows businesses to protect their valuable confidential information and resources from exploitation. By understanding the scope of trade secret protection in the United States, businesses can take steps to protect their valuable information from misappropriation and secure their competitive advantages.

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