What is the current state of the law in relation to trade secret legislation?

California, United States of America


The following excerpt is from DVD Copy Control Ass'n, Inc. v. Bunner, 31 Cal.4th 864, 4 Cal.Rptr.3d 69, 75 P.3d 1 (Cal. 2003):

12. I note that the above standard applies only when there is no indication that the trade secret involves matters of public concern, as in the present case. As the majority suggests, when public concern is implicated, the burden of overcoming the presumption against prior restraint would be substantially higher. (See New York Times v. United States (1971) 403 U.S. 713, 91 S.Ct. 2140, 29 L.Ed.2d 822.)

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