Weighing The Proposed Federal Trade Secrets Law

Law360, New York (June 16, 2014, 10:17 AM EDT) -- ​Half of employees who leave their jobs keep confidential corporate data, and 40 percent plan to use it in their new jobs.[1] The digitization of business records, ubiquity of portable devices and widespread use of cloud computing have all accelerated the ease and pace of trade secret misappropriation.[2] Indeed, trade secret theft itself has become a mounting problem for U.S. companies, which stand to lose an estimated $160 to $480 billion a year to foreign and domestic competitors.[3]

Forty-eight states (all but New York and Massachusetts) have their own versions of the Uniform Trade Secrets Act.[4] The balkanized status of trade...

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