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Preparing for trade secret litigation in Mississippi

On Behalf of | Mar 25, 2025 | Business And Commercial Law

You face a serious issue when dealing with trade secret litigation in Mississippi. The state follows the Mississippi Uniform Trade Secrets Act (MUTSA), which protects confidential business information. However, to be considered a trade secret, your business’ confidential information must: 

  • Hold economic value 
  • Not be generally known or easily discovered by others 
  • Be reasonably kept secret 

You can start considering litigation if you have confirmed that your business information qualifies as a trade secret. 

Filing your claim under Mississippi law

Start your case by filing a complaint in a Mississippi court. MUTSA lets you ask for legal remedies, such as injunctions and damages for losses. You must prove someone took, shared or misappropriated your trade secret. Collect proof, such as contracts and other evidence, to support your case. You have three years to file a case after discovering the misappropriation. 

Key actions to strengthen your case

To build a strong case, consider the following: 

  • Document your trade secret protection efforts, such as confidentiality agreements or restricted access. 
  • Collect evidence of misappropriation, such as emails or witness statements. 
  • Consult an attorney familiar with Mississippi law to guide your strategy. 

After these steps, you’ll be ready to present a clear, fact-based case in court. 

Defending against claims in Mississippi

On the other hand, if someone accuses you of misappropriation, challenge their evidence. Mississippi law allows defenses such as showing you got the information legally or that it’s not secret because it’s public. Respond to the complaint quickly, stating your defense and gathering supporting documents. 

Managing litigation costs and outcomes

Be ready for the money and time needed for trade secret litigation. Mississippi courts might award attorney fees if the misappropriation was on purpose. Compare this cost to your trade secret’s value. You might get monetary damages or court orders to stop the misuse. Keep good records and get legal advice about Mississippi’s MUTSA to manage the process effectively.

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