Title 44 — Trade and Commerce

In this chapter, unless the context otherwise requires: 1. "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. 2. "Misappropriation" means either: (a) Acquisiti…

A. Actual or threatened misappropriation may be enjoined. On application to the court, the court shall terminate an injunction if the trade secret has ceased to exist, but the court may continue the injunction for an additional reasonable period of time in order to eliminate comm…

A. Except to the extent that a material and prejudicial change of position before acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages may include both the act…

The court may award reasonable attorney fees to the prevailing party for any of the following: 1. A claim of misappropriation made in bad faith. 2. A motion to terminate an injunction made or resisted in bad faith. 3. Willful and malicious misappropriation.

A. In an action under this chapter or section 13-1802 or 13-2316.02 a court shall preserve the secrecy of an alleged trade secret by reasonable means. B. For the purposes of this section, "reasonable means" includes granting protective orders in connection with discovery proceedi…

An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.

A. Except as provided in subsection B, this chapter displaces conflicting tort, restitutionary and other laws of this state providing civil remedies for misappropriation of a trade secret. B. This chapter does not affect: 1. Contractual remedies, whether or not based on misapprop…