Taking Steps Toward Trade Secret Reform

Law360, New York (January 18, 2012, 1:06 PM EST) -- In the realm of intellectual property laws, trade secrets stand alone: They are not protected by a federal civil statute. Most states have enacted variations of the Uniform Trade Secrets Act, but a few states — New York, for example — hold to the Restatement 2d of Torts, a predecessor of the UTSA, and decided cases as their principal sources of trade secret law.

Even though Congress passed the Economic Espionage Act of 1996[1] to criminalize certain conduct involving the theft of trade secrets, a federal...
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