Against the majority of courts to have considered the issue, the Arizona Supreme Court held last week that the Arizona Uniform Trade Secrets Act (AUTSA) does not preempt (or displace) common-law claims when the claim is based on the misappropriation of confidential information as opposed to a trade secret. In other words, where the information that is alleged to have been misappropriated does not rise to the level of a “trade secret” within the meaning of the AUTSA, can a plaintiff nonetheless assert a claim based on some other theory (for example, unfair competition) under the common law? In Arizona, the answer is yes.

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