MS SB2229

Expands the definition of "improper means" to include breach of fiduciary, employment, or confidential relationships, and breach of duties imposed by common law, statute, contract, or court orders, while explicitly excluding reverse engineering as improper means.

Broadens the definition of "trade secret" to include computer software, algorithms, prototypes, designs, financial plans, and customer/supplier lists, and clarifies that trade secrets need not have express notice if the employee reasonably knows secrecy is intended.

Clarifies injunctive relief standards by allowing continuation of injunctions for reasonable periods after a trade secret ceases to exist in appropriate circumstances, and places the burden of proof on the alleged wrongdoer to demonstrate exceptional circumstances justifying a royalty-based remedy instead of prohibition.

Allows courts to award reasonable expenses in addition to attorney's fees to the prevailing party in cases involving bad faith claims, bad faith motions, or willful and malicious misappropriation.

Requires courts to determine "substantial need" before ordering discovery of alleged trade secrets and mandates an interlocutory appeal with automatic stay of any order disclosing trade secret information; clarifies that disclosure in court proceedings does not abandon trade secret status.