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Massachusetts Adopts Uniform Trade Secrets Act

On October 1, 2018, Massachusetts will become the 49th state to adopt a version of the Uniform Trade Secrets Act. The version of the UTSA that Massachusetts will adopt bears notable similarities to the Defend Trade Secrets Act, the two year old federal trade secrets statute. For example, both statutes allow for injunctive relief to prevent any “actual or threatened misappropriation,” and both statutes also provide that a trade secret can be information that provides “actual or potential” economic value from not being generally known. While one of the most notable aspects of the DTSA, the ex parte civil seizure mechanism that allows victims of trade secret theft to ask the court to seize stolen trade secret material, is not present in Massachusetts’ new trade secret law, Massachusetts’ version of the UTSA does allow the court to compel affirmative acts to protect a trade secret in appropriate circumstances. This provision is similar to other DTSA remedy provisions codified at 18 U.S.C. § 1836(b)(3). Both the DTSA and Massachusetts version of the UTSA also allow for exemplary damages where a trade secret is willfully or maliciously misappropriated, and like the DTSA at the time of its enactment, the Massachusetts version of the UTSA does not apply to misappropriation occurring prior to the effective date or to continuing misappropriation that began prior to the effective date. As always, we are available to discuss how this new Massachusetts law and its interaction with the DTSA may affect your business.

©1994-2020 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. All Rights Reserved.National Law Review, Volume VIII, Number 249

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About this Author

Michael Renaud IP Litgation Attorney Mintz Levin
Member / Chair, Intellectual Property Division

Michael is a highly regarded intellectual property litigator and patent strategist who helps clients protect and generate revenue from their patent holdings. Intellectual Asset Magazine has repeatedly recognized him in its select IAM Patent 1000 and IAM Patent Strategy 300 publications. Clients rely on his counsel regarding sensitive licensing agreement negotiations, acquisitions, and other technology transactions. He leads a team known for its ability to translate complex technology and its value to non-technical professionals — in court and business negotiations.

Michael is...

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Nicholas W. Armington, mintz levin law firm, patent, IP, litigation attorney
Associate

Nicholas is a litigator with experience representing clients in United States District Courts and the International Trade Commission, among other venues. Nicholas’ practice focuses on patent and trade secret litigation and he has litigated cases in a variety of technology areas, including network devices, semiconductors, converged devices, LED lighting, and manufacturing devices.

In 2018-2019, Nicholas served as a Special Assistant District Attorney in the Middlesex County District Attorney’s Office prosecuting criminal cases in the Framingham and Natick District Courts in Massachusetts. Prior to joining Mintz, Nick completed judicial internships for Hon. Ralph D. Gants, Chief Justice of the Massachusetts Supreme Judicial Court, and Hon. Patti B. Saris, Chief Judge of the US District Court, District of Massachusetts.

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