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Trade Secrets statute preempts confidentiality claims not based on trade secrets

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4 Mass Trade Secret Litigation Tips From Facebook Ruling

ADVERTISEMENT ADVERTISEMENT 4 Mass. Trade Secret Litigation Tips From Facebook Ruling Law360 (December 11, 2020, 3:46 PM EST) On Oct. 1, 2018, the Massachusetts Uniform Trade Secrets Act became effective, making Massachusetts one of the last states to adopt a version of the Uniform Trade Secrets Act. Accordingly, Massachusetts courts only recently began to interpret the statutory provisions. In a case of first impression, on Oct. 29, the U.S. District Court for the District of Massachusetts found that the MUTSA does not preempt state law claims brought for theft of confidential and proprietary information.[1] Background The Massachusetts Legislature, like that of most other states, generally tracked the Uniform Trade Secrets Act when drafting the MUTSA. It defined a trade.

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