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The Uniform Trade Secrets Act has been enacted in some form by almost all states. A uniform national law of trade secrets, however, is still at best a distant prospect. It is probably not surprising that the state courts sometimes produce conflicting bodies of precedent interpreting the Trade Secrets Act, but at least the decisional law shares a common conceptual framework. By contrast, no such uniformity exists where the law of trade secrets intersects with state regulation of industrial and commercial activity. State legislatures and governmental agencies have taken varied and conflicting approaches to the difficult challenge of balancing the public interest in regulatory oversight against preserving the confidentiality of trade secrets. For companies operating in numerous states, these conflicting approaches can create a trap for in-house counsel and jeopardize protection of trade secrets.

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