What is “Misappropriation” of a Trade Secret?
Under the Minnesota Uniform Trade Secrets Act, persons (including corporations or other legal entities) are prohibited from misappropriating trade secrets that belong to another. In simple terms, “misappropriation” means the improper acquisition, disclosure, or use of a trade secret. The technical statutory definition of misappropriation is set forth below: “Misappropriation” means: (i) 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; or (ii) disclosure or use of a trade secret of another without express or implied consent by a person who (A) used improper means to acquire knowledge of the trade secret; or (B) at the time of disclosure or use, knew or had reason to know that the discloser’s or user’s knowledge of the trade secret was (I) derived from or through a person who had utilized improper means to acquire it; (II) acquired under circumstances giving rise to a duty to maintain its secrecy or
