Trade Secret Law
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Trade Secret Laws
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Trade secret law developed from state common law. Almost all states have adopted some version of the American Law Institute’s Uniform Trade Secrets Act (UTSA), completed in 1979 and amended in 1985, which "provides a legal framework for improved trade secret protection for industry." Selected state codes in print are available on the second floor of the Library.
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Before the approval of the Uniform Trade Secrets Act, in 1979, by the National Conference of Commissioners on Uniform State Laws, the authoritative source of generalized state trade secret law was the original Restatement of Torts.
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The Economic Espionage Act of 1996 (Pub. L. No. 104-294) amended Title 18 of the United States Code by adding a new chapter 90, entitled "Protection of Trade Secrets." The federal statute, codified at 18 U.S.C. §§ 1831–1839, criminalizes trade secret theft under certain enumerated circumstances.
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The Defend Trade Secrets Act of 2016 (Pub. L. No. 114-153) amended the Economic Espionage Act to create a private civil cause of action for trade secret misappropriation.
Federal Statutes
- United States Code (U.S.C.)Official Code of federal laws, organized by subject matter. Revised every six years and updated between revisions with annual cumulative supplements.
- United States Code Annotated (U.S.C.A.)West's unofficial version of the United States Code, which includes many research features.
- United States Code Service (U.S.C.S.)Lexis's unofficial version of the United States Code, which includes many research features.
Case Law & Dockets
Topical Reporters and Databases:
- Bloomberg Law: Trade Secrets Opinions & Decisions
- Lexis: Trade Secrets Law Cases
Federal Case Law Reporters:
- United States Reports (U.S.)Contains the final, official opinions of the Supreme Court of the United States.
- West's Supreme Court Reporter (S. Ct.)Contains the opinions of the Supreme Court of the United States, along with headnotes, Key Numbers, and synopses. Unofficial reporter, but current.
- United States Supreme Court Reports, Lawyers' Edition (L. Ed., L. Ed. 2d)Contains the opinions of the Supreme Court of the United States, along with summaries, headnotes, and research references. Unofficial reporter, but current.
- Federal Reporter (F., F.2d, F.3d, F.4th)Contains opinions of the United States Courts of Appeals.
- Federal Supplement (F. Supp., F. Supp. 2d, F. Supp. 3d)Contains opinions of the United States District Courts.
Trade Secrets Dockets:
- Bloomberg Law: DocketsFederal and state court dockets. To see what dockets and documents are available, as well as the dates covered, go to the "Litigation" drop-down and select "Docket Coverage."
- Docket Navigator: Trade Secrets Dockets"Covers U.S. district court cases involving federal trade secret claims." For a free academic account, send an email to contact@docketnavigator.com and provide your first and last name, GW Law email address, and, for students, anticipated date of graduation (month/year); for faculty and deans, your title.
- Lex Machina: Legal Analytics for Trade Secret Litigation"Lex Machina’s Legal Analytics for Trade Secret Litigation provides data-driven insights and trends in trade secret case timing, resolutions, damages, remedies, and findings. Our case set includes cases alleging misappropriation of trade secret under state law and / or the federal Defend Trade Secrets Act." Lex Machina provides free access to "certain university and college faculty staff and students, directly engaged in research, or study of law and policy." Users must view a brief online training demo in order to obtain or renew a user account.
Proposed Legislation & Legislative History
Proposed Legislation:
- Bloomberg Law's Patents & Trade Secrets Practice Center"IP Legislative Tracker" includes Trade Secrets legislative developments.
Legislative History:
- ProQuest Legislative InsightCompiled legislative histories of federal statutes, including the Defend Trade Secrets Act of 2016 (Pub. L. No. 114-153) and the Economic Espionage Act of 1996 (Pub. L. No. 104-294).
- HeinOnline: U.S. Federal Legislative History LibraryIncludes compiled legislative histories of federal statutes, including the Economic Espionage Act of 1996 (Pub. L. No. 104-294).
- ProQuest CongressionalMassive archive of Congressional documents, including reports and hearings.