West Virginia Complaint in Federal Court for Wrongful Disclosure and Use of Trade Secrets For Damages and Injunctive Relief
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How to fill out Complaint In Federal Court For Wrongful Disclosure And Use Of Trade Secrets For Damages And Injunctive Relief?
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FAQ
Trade secret misappropriation occurs when a trade secret has been wrongfully taken or disclosed without consent. A trade secret is defined as information (1) that derives independent economic value from not being generally known, and (2) which has been the subject of reasonable efforts to be kept a secret.
Trade secrets are protected by a combination of state and federal laws, which prescribe a combination of civil and criminal penalties for trade secret ?misappropriation??the improper acquisition, disclosure, or use of a trade secret.
The UTSA has been enacted by most states, but in states where it has not been enacted, infringement or ?misappropriation? of a trade secret remains a common law tort.
This important new legislation creates a federal, private, civil cause of action for trade-secret misappropriation in which ?[a]n owner of a trade secret that is misappropriated may bring a civil action . . . if the trade secret is related to a product or service used in, or intended for use in, interstate or foreign ...
§ 1832, prohibits the commercial theft of trade secrets to benefit someone other than the owner, and is punishable by up to ten years' imprisonment and a $250,000 fine. The penalties are higher for defendants who are companies.
§ 1832 Theft of Trade Secrets. A violation of Section 1832 is a serious criminal offense carrying stiff penalties. Anyone who steals trade secrets, or receives stolen trade secrets knowing that they were unlawfully obtained, can be punished by a maximum of 10 years in federal prison plus fines.
Misappropriation occurs when a trade secret is improperly acquired or disclosed. If a person or entity discloses or publishes a trade secret while knowing it was improperly obtained, or by inducing someone to improperly obtain it, misappropriation exists.
ARTICLE 22. UNIFORM TRADE SECRETS ACT. (a) "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy or espionage through electronic or other means.