Massachusetts § 42D Trade secrets; preservation of secrecy; alleging misappropriation with reasonable particularity

Massachusetts Statutes

§ 42D — Trade secrets; preservation of secrecy; alleging misappropriation with reasonable particularity

Massachusetts § 42D

Part IADMINISTRATION OF THE GOVERNMENT

Title XVREGULATION OF TRADE

Ch. 93REGULATION OF TRADE AND CERTAIN ENTERPRISES

This text of Massachusetts § 42D (Trade secrets; preservation of secrecy; alleging misappropriation with reasonable particularity) is published on Counsel Stack Legal Research, covering Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mass. Gen. Laws ch. 93, § 42D (2026).

Text

[Text of section applicable as provided by 2018, 228, Sec. 70.] Section 42D.

(a)In an action under sections 42 to 42G, inclusive, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.

(b)In an action under sections 42 to 42G, inclusive, in alleging trade secrets misappropriation a party must state with reasonable particularity the circumstances thereof, including the nature of the trade secrets and the basis for their protection. Before commencing discovery relating to an alleged trade secre

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[Text of section applicable as provided by 2018, 228, Sec. 70.]

Section 42D. (a) In an action under sections 42 to 42G, inclusive, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.

(b) In an action under sections 42 to 42G, inclusive, in alleging trade secrets misappropriation a party must state with reasonable particularity the circumstances thereof, including the nature of the trade secrets and the basis for their protection. Before commencing discovery relating to an alleged trade secret, the party alleging misappropriation shall identify the trade secret with sufficient particularity under the circumstances of the case to allow the court to determine the appropriate parameters of discovery and to enable reasonably other parties to prepare their defense.