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U.S. Supreme Court

Apr. 14, 2015

High court must clarify California Trade Secrets Act supersession

Given the diverging opinions on this issue, unless and until the state Supreme Court weighs in, there is likely to be continued litigation to define the parameters of supersession. By Karineh Khachatourian and Daniel T. McCloskey


By Karineh Khachatourian and Daniel T. McCloskey


The California Uniform Trade Secrets Act (CUTSA) contains a supersession provision that is anything but clear-cut. Over the years, the proper scope of supersession has been litigated extensively in California state and federal courts.


Frequently litigated issues include: (1) whether tort claims based on confidential information that does not rise to the level of a trade secret are superseded, (2) whether...

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