To prevail on a misappropriation claim, which combination of facts is typically required?

To prevail on a misappropriation claim, which combination of facts is typically required?

• A. The information was publicly available
• B. The information was confidential
• C. The information was misappropriated by a third party
• D. The information was confidential and misappropriated

Answer: (D)

Trade secrets hinge on secrecy and value. To prevail on a misappropriation claim, you must show the information is confidential (it qualifies as a trade secret) and that someone misappropriated it—obtained, used, or disclosed it through improper means or in breach of a duty to protect its secrecy. The combination matters because secrecy establishes the subject as a trade secret, while misappropriation shows the wrongful handling of that secret. If the information were publicly available, or if there was no misappropriation, the claim wouldn’t succeed.

Trade secrets hinge on secrecy and value. To prevail on a misappropriation claim, you must show the information is confidential (it qualifies as a trade secret) and that someone misappropriated it—obtained, used, or disclosed it through improper means or in breach of a duty to protect its secrecy. The combination matters because secrecy establishes the subject as a trade secret, while misappropriation shows the wrongful handling of that secret. If the information were publicly available, or if there was no misappropriation, the claim wouldn’t succeed.