facebook linked in twitter youtube instagram

The First 100 Days Updates & Resources

Click here to access insights and external resources collected by Nelson Mullins on the first 100 days of the new presidential administration and Congress. These articles and fact sheets are non-partisan in nature and address the impact of each on various industries and client sectors.

COVID-19 Resources

Click here to access our extensive COVID-19 resources that address a wide variety of topics in general and by industry.

The LatestView All

Nelson Mullins Adds FinTech Pro From Polsinelli

January 20, 2021

Nelson Mullins Adds FinTech Pro From Polsinelli
close

Insights

Dec. 11, 2020

4 Mass. Trade Secret Litigation Tips From Facebook Ruling

By Bret A. Cohen, Kelly Hogan, Jack Foster

Law360

Reprinted with permission from Law360

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.

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 secret broadly to include specific information that provides economic advantage and is reasonably protected by the owner.

The statute also contains a preemption clause, stating that the MUTSA "supersede[s] any conflicting laws of the commonwealth providing civil remedies for the misappropriation of a trade secret." One of the four exceptions to the preemption clause is for "civil remedies to the extent that they are not based upon misappropriation of a trade secret."