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25. Misappropriation of Trade Secrets

Learning Objectives: Unit 25

Upon completion of this unit, you should be able to:

  • Recall the forms of misappropriation of trade secrets.
  • Identify what is not misappropriation of trade secrets.
  • Analyze whether a given form of conduct constitutes misappropriation of a trade secret.

Assuming that information is a protectable trade secret, the second step of a trade secret misappropriation analysis is to determine whether the trade secret has been misappropriated.  In this class we will study the different forms that misappropriation can take, as well as identify some conduct that is expressly not deemed to constitute misappropriation.  In identifying these categories, it will help to reread the DTSA.