Books on Trade Secrets Law in the USD Law Library
Statutes, Restatements and Cases
1. The protection of trade secrets is governed by state law. Trade secret law originated at common law. Almost all states now have adopted the Uniform Trade Secrets Act (UTSA) which allows the owner of a trade secret to prevent its misappropriation. The UTSA defines a trade secret as "information, including a formula, pattern, compilation, program, device, method, technique, or process, that: i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use, and ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy."
WestlawNext (log in required): Statutes & Court Rules > (right column) Uniform Laws Annotated - annotated copy of UTSA, with Table of state statutes and list of law review and journal commentaries.
BloombergLaw (log in required): Practice Centers > Intellectual Property Center > Trade Secrets Law > Trade Secrets: A State-By-State Survey
WestlawNext (log in required): Statutes & Court Rules > (right column) 50 State Statutory Surveys > Intellectual Property > Trademarks and Trade Secrets
South Dakota's enactment of the Uniform Trade Secret Act is codified at S.D.C.L. ch. 37-29.
2. Trade secret law is also addressed in the Restatement (First) of Torts §§757-759 and the Restatement (Third) of Unfair Competition §§39-45.
WestlawNext (log in required): Secondary Sources > Restatements & Principles of the Law > Torts, Unfair Competition
LexisAdvance (log in required) - Source: Restatement 3d, Unfair Competition - Rules Section.
South Dakota Trade Secret Case Law:
BloombergLaw (log in required): Practice Centers > Intellectual Property Center > Practice Pages > Trade Secrets > State Court Trade Secret Law Opinions > South Dakota.
Online Trade Secret Law Resources
Bloomberg Law (log in required). Practice Centers > Intellectual Property Center > Trade Secret Law:
Trade Secrets: A Practitioner's Guide
Portfolio 43-3d: Trade Secrets Protection & Remedies (treatise)
HeinOnline (law school database): Search for law review and journal articles > Law Journal Library > use a "field search" (keywords) and the subject "Intellectual Property"
LexisAdvance (log in required): Browse Topics > Trade Secrets Law. Sources include Milgrim on Trade Secrets.
WestlawNext (log in required):
- Browse Topic > Intellectual Property
- Secondary Sources > Texts & Treatises > Intellectual Property Texts & Treatises, including Corporate Counsel's Guide to Protecting Trade Secrets