The reason? The UTSA's preemption provision—Section 7 of the Uniform Act—mandates that the trade secrets act "displaces" all other non-contractual civil remedies for trade secret misappropriation.

Accordingly, the proposed rules make no major changes to the OCC’s existing preemption rules, except for those changes specifically mandated by the Act. The OCC’s restrained reading of the ...

Second, the Ninth Circuit applied a presumption against preemption, acknowledging recent Supreme Court cases that advise courts to “start with the assumption that the historic police powers of the ...