Trade Secrets
Trade secrets law research involves primary legal sources such as statutes and cases. Note that unlike other forms of U.S. intellectual property, trade secrets law is mostly grounded in state law.
In most instances, it is best to begin your research with a review of secondary sources such as background materials, treatises, and law review articles. Secondary sources help you frame your questions before you begin researching "the law" and often provide references to primary sources, rules, or forms.
As you continue your research, you may want to consult current awareness tools to keep current on legal developments that may affect your research.
Practice materials such as forms are available in print and electronic sources. Practice aids are helpful for learning about trade secret protection and how to litigate trade secrets cases.
Statutory Research
Forty-three states and the District of Columbia have adopted the Uniform Trade Secrets Act (UTSA) as their governing law of trade secrets. You will generally need to find the state adopted version of UTSA. A listing of the states that have adopted the Act, along with citations to the state enacted versions of UTSA, is available in the print Uniform Laws Annotated or in the Westlaw version.
Uniform Laws Annotated
Print: Law Reserve KF 165 U55 1968 v. 14
Westlaw: Uniform Laws Annotated (use the Table of Contents to browse UTSA. State citations appear under References and Annotations.)
Internet: National Conference of Commissioners on the Uniform State Laws (select Trade Secrets Act, click Search to view the Final Act)
Two states (Massachusetts and Alabama) have enacted trade secrets statutes without adopting UTSA:
General Laws of Massachusetts ch. 93, s. 42 et seq.
Code of Alabama s. 8-27-1 et seq.
The remaining six states (NY, NY, PA, TN, TX and WY) protect trade secrets under common law.
Finally, note that some federal protection for trade secrets exists due to the Economic Espionage Act of 1996:
- Public Law No. 104-294, codified at 18 U.S.C. ss. 1831-39
Case Law Research
For states with a statutory scheme for trade secrets protection, an annotated code can be a useful tool to locate cases interpreting the trade secrets statutes. Once you have identified the pertinent statutes, refer to table 1 in The Bluebook to find the name of the annotated codes for all 50 states plus the District of Columbia.
Massachusetts: Massachusetts General Laws Annotated or Annotated Laws of Massachusetts. Pappas Upper Level. See Massachusetts Statutory Research for other sources.
Other states: At the Pappas Law Library, all other state codes are located in the lower level of Pappas.
Once at the annotated code, make a note of any pertinent topic and key numbers to use in the digest or on Westlaw to locate additional cases.
For those states that protect trade secrets under common law, you will need to conduct case law research using Lexis or Westlaw.
In addition to UTSA, other sources frequently cited by the state courts merit inclusion in this guide:
- Restatement of the Law of Torts, ss. 757-759
Print: Law Reserve KF 1249 .A4 R47
Online: HeinOnline, Westlaw - Restatement (Third) Unfair Competition, ss. 39-45
Print: Law Reserve KF KF3195.Z9 R47 1995
Online: HeinOnline, Westlaw
Federal cases under the Economic Espionage Act of 1996, may be found using an annotated version of the United States Code or via Federal Case Law Research tools.
Secondary Sources
Background Reading
Trade Secret Law in Intellectual Property: The Law of Copyrights, Patents and Trademarks
Print: Law Reserve KF 2978 .S34 2003Trade Secret Law in Principles of Intellectual Property Law
Print: Law Reserve KF 2979 .M94 2008Internet: Trade Secret Basics FAQ [Nolo]
Major Treatise/Looseleaf Service
Milgrim on Trade Secrets
Print: Law Reserve KF 3197 .A6 M5
Lexis: Milgrim on Trade Secrets
Finding Articles in Journals and Law Reviews
Specific sources for articles on copyright law are listed here. For a detailed guide on finding legal articles, see Find Articles in Legal Journals.
LexisNexis: Intellectual Property Law Review Articles
Westlaw: Intellectual Property Law Reviews, Texts & Bar Journals (IP-TP)
Current Awareness
BNA's Patent, Trademark & Copyright Journal
Print: Law Looseleaf KF 2972 .P38
Online: BNA's Patent, Trademark & Copyright JournalThe United States Patents Quarterly
Print: Law Annex KF 2975 A2 U5
Online: BNA Intellectual Property Library
Practice Materials
Forms
Nichols' Cyclopedia of Legal Forms Annotated: Secret Processes & Trade Secrets (ch. 194)
Print: Law Reference KF 170 .N5
Westlaw: NICHOLS-LF
Selected forms are available in various volumes of the following titles. Use the Index volume to locate forms on Trade Secrets.
American Jurisprudence Legal Forms
Print: Law Reference KF 170 .A41
Westlaw: AMJUR-LFCurrent Legal forms, with Tax Analysis
Print: Law Reference KF 6286 R3
LexisNexis: MATBEN;CLFTAWest's Legal Forms
Print: Law Reference KF 170 .L53
Westlaw: WEST-LF
Practice Aids
Trade Secrets Protection And Remedies
Online: BNA Corporate Practice LibraryTrade Secrets: A Practitioner's Guide
Online: Westlaw (PLIREF-TRDSEC)
Page maintained by Jennifer Duperon
Last updated: October 2009