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A recent Opinion issued by the Arizona Supreme Court highlights a noteworthy dichotomy in the way various states interpret the pre-emptive effect of their respective Uniform Trade Secrets Acts (“UTSA”). Forty-eight states have enacted some form of the UTSA, which aims to codify and harmonize standards and remedies regarding misappropriation of trade secrets that had emerged in common law and which differed from state to state. Only New York and Massachusetts have not enacted some form of the UTSA.
One important feature of the UTSA is its pre-emptive effect upon state common law ...
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- No Free Pass in Mass: Massachusetts Supreme Judicial Court Says Irreparable Harm Must Be Proven, Not Presumed, in Trade Secret Cases
- New York Federal Court Enforces Non-Compete Against Employee Terminated for Cause
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