Trade Secret Misappropriation

The tort of trade secret misappropriation requires 1) improper acquisition of a trade secret by improper means, 2) disclosure or use of a trade secret without the consent of the owner by another person that used improper means to acquire the trade secret, or who knew or had reason to know that the trade secret had been acquired through improper improper means, or 3) prior to a material change in position, knowledge that acquired information is a trade secret and that it had been acquired by accident or mistake.  Satisfaction of any of the above is sufficient to establish a prima facie case of trade secret misappropriation.