2017 Hawaii Revised Statutes
TITLE 26. TRADE REGULATION AND PRACTICE
482B. Trade Secrets
482B-8 Effect on other law.

Universal Citation: HI Rev Stat § 482B-8 (2017)

[§482B-8] Effect on other law. (a) Except as provided in subsection (b) this chapter displaces conflicting tort, restitutionary, and other law of this State providing civil remedies for misappropriation of a trade secret.

(b) This chapter does not affect:

(1) Contractual remedies, whether or not based upon misappropriation of a trade secret;

(2) Other civil remedies that are not based upon misappropriation of a trade secret; or

(3) Criminal remedies, whether or not based upon misappropriation of a trade secret. [L 1989, c 221, pt of §1]

Case Notes

Plaintiff's fraud and unfair competition claims were based upon a misappropriation of plaintiff's confidential information; therefore, the claims were preempted under either the Hawaii Uniform Trade Secrets Act or the California Uniform Trade Secrets Act. 92 F. Supp. 3d 982 (2015).

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