Trade Secret Misappropriation: Not Sufficiently “Deviant” to Support a Derivative Cause of Action
August 7, 2014In this case, the appellee was sued for, among other things, aiding and abetting an alleged misappropriation of trade secrets. The Court of Appeals held that, even if the appellant could establish the underlying tort of trade secret misappropriation, the claim would still fail. According to the Court, a cause of action for aiding and abetting exists for a “specific and narrow purpose: to deter antisocial or dangerous behavior.” Examples of this type of behavior included “drag racing or similar conduct posing a high degree of risk to others.” The Court found that misappropriation of trade secrets does not qualify as sufficiently antisocial or “deviant” to support an aiding and abetting cause of action.
