New York’s high court has the chance to clarify damages in trade secret cases, following a U.S. Court of Appeals for the Second Circuit ruling Monday asking the state Court of Appeals to certify two questions.
New York is only one of a few states that doesn’t have a version of the Uniform Trade Secrets Act, which provides a codified way to handle trade secret cases similar to the federal version—the Defend Trade Secrets Act—signed into law in May 2016. The common law interpretations in its absence have led to a lack of case law clarity, according to observers.
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