Trade secrets vary widely across industries, but there is a standard legal idea of what constitutes this type of information. Whether you have a case regarding the theft of a trade secret would probably depend heavily on the details of your situation. It may also depend on the legal definitions in Georgia law.
It may not be immediately apparent from general information whether you should pursue a case. Therefore, please do not regard this article as legal advice during your decision making process. Please only use it to establish a background understanding of the subject.
The Georgia Trade Secrets Act contains the relevant definitions to these types of cases in the state. Like many states, the version here is closely related to the federal-level Uniform Trade Secrets Act. However, it is important to understand the unique aspects of the local law.
The act, commonly known as GUSTA, is located in Title 10 of the Georgia Code governing commerce and trade. The relevant section defines a trade secret as information which is not commonly known and is both:
- Valuable because it is secret
- Actively kept secret
If you were to pursue a claim against someone you believe stole a trade secret, you would probably have to prove that the information stolen fit these criteria. This would be in addition to showing evidence of the theft.
As you might imagine, the Georgia statutes are not the final word on the subject of trade secrets. There are various landmark cases in this area that could be important to understanding your exact negotiating position. As mentioned above, please get specific legal advice about any claim you intend to make.
