The Sedona Conference Working Group 12 Annual Meeting 2025
The Sedona Conference Working Group 12 Annual Meeting 2025
Date:
October 6, 2025 - October 7, 2025
Location:
The Emory Conference Center Hotel Atlanta, Georgia
Speaker(s):
Patricia M. Prezioso
Sponsor:
The Sedona Conference
Topic:
When Continued Possession of Trade Secrets Post-Separation Does or Does Not Constitute Misappropriation of Trade Secrets
Both the Defend Trade Secrets Act (DTSA) and the Uniform Trade Secrets Act (UTSA) prohibit misappropriation of trade secrets, which is defined to include improper acquisition, disclosure, or use. Some courts have held that “mere” possession or retention of trade secret information is sufficient to establish misappropriation. Others have held that retention on its own, without additional conduct, is insufficient to establish misappropriation under either statute. This session will review the current state of case law and literature on the issue of retention or possession as misappropriation.
