![]() Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use.Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use or.Derived from or through a person who had utilized improper means to acquire it.At the time of disclosure or use, knew or had reason to know that knowledge of the trade secret was:.Before a material change of position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake or.Used improper means to acquire knowledge of the trade secret or. ![]() Disclosure or use of a trade secret of a person without express or implied consent by another person who:.Acquisition of a trade secret of a person by another person who knows or has reason to know that the trade secret was acquired by improper means or.The MUTSA identifies two types of “misappropriation.” “Acquisition” and “disclosure and use” are defined as follows: ![]() Missouri is one of the many states that follows the Uniform Trade Secrets Act, which the Missouri legislature adopted in 1995, and which provides generally that misappropriation of trade secretes may occur in any of three forms: improper acquisition, disclosure or use. If you are either making such a claim against a former employee or defending against one against a former employer, its incumbent upon you to understand the basics of the law in Missouri regarding the misappropriation of trade secrets. And, as a result, employers are making claims against these former employees for the misappropriation of trade secrets, whether or not the former employer has executed a confidentiality and/or non-compete agreement. Employees with high-ranking positions are leaving jobs for better opportunities elsewhere with more and more frequency in Missouri.
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