In August, Massachusetts became the 49th state to sign into law
its version of a Uniform Trade Secrets Act (MUTSA). The new statute
is very similar to the Defend Trade Secrets Act (DTSA) – its
federal equivalent – and makes it somewhat easier for trade
secrets owners to enforce their rights in state courts in
Massachusetts. MUTSA will come into effect on October 1, 2018 and
will bring two important changes to the existing framework for
trade secrets misappropriation claims within that state.
First, the statute provides that trade secrets are protectable
if they have "actual or potential" economic value. Under
the common law in effect prior to MUTSA's passage, information
had to be in "continuous use" in one's business in
order to be a trade secret. Thus, it had to have actual and not
just potential economic value. Second, MUTSA allows courts to
enjoin both actual and potential misappropriation of trade secrets.
The courts in other jurisdictions have found that this
