Trade Secrets: A State-by-State Survey, Seventh Edition


New Edition!

Trade Secrets: A State-by-State Survey provides authoritative, in-depth analysis of each state’s statutory and common law protection of trade secrets and other confidential business information, both within and outside of the employment context.

Cutting-edge analysis examined in the Seventh Edition includes:

  • What facts the plaintiff in a trade secret misappropriation action must show where defendants have been given access to the plaintiffs' trade secrets pursuant to a nondisclosure covenant
  • How courts have interpreted the lack of a reasonableness-of-efforts limitation in a state uniform trade secrets act’s provision governing trade secret owners’ efforts to maintain secrecy
  • Whether making cost and profit margin figures available to a plaintiff’s contractors destroys trade secret status where the information is otherwise kept completely confidential
  • Whether a claim for trade secret misappropriation can be covered by jury waiver provision
  • And more!

Using a uniform topic structure that provides a comparative view across states, this treatise is invaluable for lawyers with a multi-jurisdictional practice, as well as for those seeking persuasive authority from other states.


Each State Chapter Addresses:

  • State's Definition of "Trade Secret"
  • Courts' Interpretations Under the Statute, Uniform Trade Secrets Act, and Common Law
  • Policy Considerations Recognized by Courts
  • Evidence Establishing the Elements of a Trade Secret and of a Misappropriation Claim
  • Courts' Justifications for Denial of Protection
  • Types of Information Granted Trade Secret Protection
  • Types of Relief Granted for the Misappropriation of Trade Secrets
  • Level of Protection for "Proprietary Information"
  • References to Law Review Articles/Other Publications


Brian M. Malsberger, a Bloomberg Law Senior Editor, Arlington, VA, is the author of Covenants Not to Compete: A State-by-State Survey, Employee Duty of Loyalty: A State-by-State Survey, Tortious Interference in the Employment Context: A State-by-State Survey, and Trade Secrets: A State-by-State Survey.

Board of Review Associate Editors

David J. Carr is a partner at Ice Miller LLP, Indianapolis, IN. He is Chair of the firm's Employment Litigation Group, where he focuses his practice in the areas of personnel policies, employment discrimination, wage and hour law, and employment contracts involving trade secrets, confidential information and covenants against competition.

Arnold H. Pedowitz is a partner with Pedowitz & Meister, LLP in New York, NY, where he practices plaintiff-side employment law.

Eric Akira Tate serves as the co-chair of the Employment and Labor Group at Morrison Foerster LLP in San Francisco, CA. He represents companies in trade secret, employee raiding and mobility, unfair competition, wage and hour, employment discrimination, and whistle-blower litigation.

Published:  2019

ISBN:  978-1-68267-743-8

Order #3743


"I am a huge fan of your restrictive covenant and trade secret books. They are well-worn resources in my legal library."

Eric Meyer

Partner, Labor and Employment Department, Dilworth Paxson LLP, Philadelphia, PA, and author of The Employer Handbook blog.

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