Question

The UTSA not only prohibits the actual disclosure or use of a trade secret, it also protects against the "threatened" disclosure of trade secrets. When might a court intervene to stop a "threatened" disclosure before the actual disclosure takes place?

a) If the threat involves international espionage.
b) If the threatened disclosure is imminent.
c) Only if the trade secret is highly valuable.
d) If the threat is communicated in writing.

Answer 1

A court may intervene to stop a 'threatened' disclosure before it takes place if the threatened disclosure is imminent.

Step-by-step explanation:

In the context of trade secrets, a court may intervene to stop a 'threatened' disclosure before the actual disclosure takes place if the threatened disclosure is imminent. It is important to note that the UTSA (Uniform Trade Secrets Act) prohibits not only the actual disclosure or use of a trade secret, but also protects against the 'threatened' disclosure. Therefore, if the court determines that the threatened disclosure is highly likely to happen in the near future, it may take action to prevent it from occurring.