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Trade Secrets: Laws & Regulations

Federal Statutes

The Economic Espionage Act of 1996, amended by the Foreign and Economic Espionage Penalty Enhancement Act of 2012, governing economic espionage and theft of trade secrets, is codified in Chapter 90 of Title 18 of the United States Code.  Sources include: 

Federal Regulations

Regulations governing trade practices are located in Title 16 of the Code of Federal Regulations.  Sources include:

State Law

Trade secret protection is primarily governed by state law.  While the majority of the states have adopted some form of the Uniform Trade Secrets Act (UTSA), others take a common-law approach to trade secrets, which may differ significantly from the UTSA.  As of March 2018, Massachusetts and New York have not adopted the UTSA.

To locate state statutory code sections on your topic, consult the index to your state’s annotated code and look for relevant terms such as trade secrets, proprietary information, unfair competition, corporate espionage, restrictive covenants, etc. The state statutory codes are located on the 3rd Floor of the Law Library.