Trade Secrets: negative know-how

Question: does trade secret law protect knowing, for example, something does not work? ("Negative know-how.")

  • Old Restatement of Torts: NO, but can sometimes recraft negative into a positive statement of knowledge
  • UTSA & Modern Restatement of Torts: YES, although tricky re: personal knowledge of a person who leaves company--the law is unclear on this in regards to negative know-how.
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