Trade Secret Preemption Revisited

This blog has periodically visited the issue of preemption in trade secret cases. Preemption arises when a plaintiff alleges common law causes of action (such as conversion or interference with economic relations) with a trade secret misappropriation claim that is based on the “same nucleus of facts.” California courts have repeatedly held that California’s Uniform Trade Secrets Act [“CUTSA”] preempts, displaces and supersedes all “claims based on the same nucleus of facts as trade secret misappropriation.” (See RSPE Audio Solutions, Inc. v. Vintage King Audio, Inc. 2013 U.S. District Lexis 2909 at *4-5 (C.D. Cal. Jan. 7, 2013) [citing KC Multimedia, Inc. v. Bank of America Tech. & Operations, Inc. 171 Cal.App.4^th 939, 962 (2009)].) Essentially...