HB102 Summary

• Increases minimum civil penalty for willful and malicious misappropriation of trade secrets from $5,000 to $10,000 in exemplary damages.

• Makes it a Class C felony for any person who intentionally remunerates or recruits a third person to misappropriate a trade secret, or for any person who misappropriates a trade secret.

• Requires that the trade secret misappropriated be clearly identified in criminal prosecutions, and specifies that mere acceptance or receipt of a trade secret by an employer shall be insufficient to prove criminal liability.

• Clarifies that in prosecutions against an employer based on employee misappropriation, "intentionally" means the employer compensated the employee with intent that the employee would misappropriate another's trade secrets.

• Takes effect on the first day of the third month following passage and approval by the Governor.