Idaho Complaint - Trade Secrets - Misappropriation by Former Employee and Prospective Purchaser - Breach of fiduciary duty
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FAQ
The ITSA protects legitimate businesses and their trade secrets from being taken or used by competing businesses. The ITSA provides strong language that allows a business that is the victim of a violation of the ITSA to use the legal system and process to collect damages for that misappropriation.
The Trade Secrets Act contains legal definitions of the terms 'trade secret', 'trade secret holder', 'infringer' and 'infringing goods'. Those terms were not previously legally defined. Following the TSD, acquisition of trade secrets through independent discovery and reverse engineering is legal.
48-801. Definitions. As used in this chapter unless the context requires otherwise: (1) "Improper means" include theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.
The Uniform Trade Secrets Act ("UTSA") is a piece of legislation created by the Uniform Law Commission (ULC), a non-profit organization. The USTA defines trade secrets and describes claims related to trade secrets. To date, 47 states and the District of Columbia have adopted the UTSA.
In general, trade secret protection confers owners the right to prevent the information lawfully within their control from being disclosed, acquired or used by others without their consent in a manner contrary to honest commercial practice.
§ 5-224 controls), requires actions ?must be commenced within four (4) years after the cause of action shall have accrued.? Adairs' Memorandum, p. 6. Idaho Code § 5-224 is the appropriate statute of limitation for a breach of fiduciary claim.
48-801. DEFINITIONS. As used in this chapter unless the context re- quires otherwise: (1) "Improper means" include theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.