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Golden Gate University Law Review

Authors

Sahana Murthy

Abstract

Part I of this Comment provides a brief description of various provisions of California's trade secret law, the Uniform Trade Secrets Act ("UTSA"). Part II analyzes the various categories of trade secret users who may become liable for unauthorized publication of a trade secret. Part ill examines the distinct approaches of the United States Supreme Court and the California Supreme Court in granting preliminary injunctions against third party publication of confidential information. Part IV identifies the features of a newsworthy- public-concern exception to the grant of preliminary injunctions against third party publishers in trade secret cases. Part V provides justification for the recognition of a newsworthy- public-concern exception. Finally, this Comment concludes that in cases involving third party publication of information that would be prima facie trade secrets, courts should be more circumspect in granting preliminary injunctions when the information is newsworthy and relates to a matter of public concern.

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