This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Oregon Complaint For Negligence - Fraud and Deceptive Trade Practices in Sale of Insurance - Jury Trial Demand
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FAQ
Misappropriation of a trade secret includes industrial or commercial espionage, breach of contract and breach of confidence, electronic surveillance, trespass, bribery, and fraud. It does not include "reverse engineering", where a company purchases a product and finds out how it works by laboratory analysis.
Suppose you're found guilty of theft of trade secrets in violation of economic espionage under 18. U.S.C. § 1831, you could face severe penalties, including fines up to $5 million and imprisonment of up to 15 years.
Enforcing Oregon consumer protection laws. The Unlawful Trade Practices Act prohibits many practices, most of them involving some form of deception or misrepresentation by the seller, and Attorney General is the primary enforcer of this law.
The plaintiff in a trade-secret case lawsuit must prove three facts: (1) it has some valuable business information that it has kept secret; (2) the information is not generally known; and (3) the defendant has used that secret. A defendant may attack each showing, but some attacks are better than others.
Trade secret misappropriation occurs when a trade secret has been wrongfully taken or disclosed without consent. A trade secret is defined as information (1) that derives independent economic value from not being generally known, and (2) which has been the subject of reasonable efforts to be kept a secret.
(2) "Misappropriation" means: (a) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; (b) Disclosure or use of a trade secret of another without express or implied consent by a person who used improper means to acquire knowledge of ...
Generally, negligence claims accrue upon discovery, with a 10 year statute of ultimate repose, but be sure to check the statutes and case-law regarding the specific claim at issue.
The Unlawful Trade Practices Act (UTPA) is one tool consumers can use to recover damages that occur as a result of deceptive sales or business practices. The UTPA was enacted in 1971 and is largely based on the Uniform Deceptive Trade Practices Act. (see O.R.S. 646.605-646.656).