Trade Secrets: A State-by-State Survey, Fifth Edition, with 2017 Cumulative Supplement

This treatise covers each state's statutory and common law protection of trade secrets and other confidential business information, both within and outside of the employment context.  It is part of the State-by-State Survey Series.

Meet The Authors

Luke A. Suchyta
Chief Contributing Editor
David J. Carr
Board of Review Associate Editor
Arnold H. Pedowitz
Board of Review Associate Editor
Eric Akira Tate
Board of Review Associate Editor


This treatise provides authoritative, in-depth analysis of each state’s statutory and common law protection of trade secrets and other confidential business information, both within and outside the employment context. Using a uniform topic structure that provides a comparative view across states, this treatise is invaluable for lawyers with a multi-jurisdictional practice, as well as for those seeking persuasive authority from other states. 

Issues examined in the Fifth Edition include whether ownership, as opposed to mere possession, is a prerequisite to a claim for trade secret misappropriation; how particularized a trade secret claim must be at pleading and throughout litigation; what must be shown by a party asserting trade secret status as a basis for sealing a court record; what must be shown to recover punitive damages for a trade secret misappropriation; whether a corporate entity can be capable of engaging in the type of conduct required to support punitive damages; the extent to which the Uniform Trade Secrets Act preempts common law claims for unfair competition and breach of the employee duty of loyalty; and more.


The 2017 Cumulative Supplement contains analysis of issues including the availability of protective orders in Arkansas; statutes of limitation analysis in California; whether Florida Privacy of Communication Act claims are preempted by the Florida Uniform Trade Secrets Act; the availability of attorney’s fee awards under Maryland law where a claim for trade secret misappropriation is lodged not to protect a trade secret but to gain leverage in a divorce proceeding; whether hair replacement techniques can be properly styled as trade secrets under Virginia law; whether a nonparty’s medical factoring data can be protected from subpoena as a trade secret under West Virginia law, and more.


Each State Chapter Addresses:

  • State's Definition of "Trade Secret"
  • Courts' Interpretations Under the Statute, Uniform Trade Secrets Act, and Common Law
  • Policy Considerations Recognized by Courts
  • Evidence Establishing the Elements of a Trade Secret and of a Misappropriation Claim
  • Courts' Justifications for Denial of Protection
  • Types of Information Granted Trade Secret Protection
  • Types of Relief Granted for the Misappropriation of Trade Secrets
  • Level of Protection for "Proprietary Information"
  • References to Law Review Articles/Other Publications



Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.

Luke A. Suchyta is a Legal Editor at Bloomberg BNA in Arlington, VA.

David J. Carr is a partner in the Labor and Employment Group at Ice Miller LLP in Indianapolis, IN. He is Chair of the firm's Employment Litigation Group, where he focuses his practice in the areas of personnel policies, employment discrimination, wage and hour law, and employment contracts involving trade secrets, confidential information and covenants against competition.

Arnold H. Pedowitz is a partner with Pedowitz and Meister LLP, New York, NY, where he practices plaintiff-side employment law.

Eric Akira Tate serves as the co-chair of the Employment and Labor Group at Morrison Foerster LLP in San Francisco, CA. He represents companies in trade secret, employee raiding and mobility, unfair competition, wage and hour, employment discrimination, and whistleblower litigation.


View full tables of contents and read the book’s preface or introduction.


Read what others have to say about this treatise from Bloomberg BNA:

"I am a huge fan of your restrictive covenant and trade secret books. They are well-worn resources in my legal library."

Eric Meyer

Partner, Labor and Employment Department, Dilworth Paxson LLP, Philadelphia, PA, and author of The Employer Handbook blog.