Del. C. » Title 6 — Commerce and Trade · SUBTITLE II. Other Laws Relating to Commerce and Trade · CHAPTER 20. Trade Secrets
Delaware Code

6 Del. C. § 2007 (2026)

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(a) Except as provided in subsection (b) of this section, this chapter displaces conflicting tort, restitutionary and other law of this State providing civil remedies for misappropriation of a trade secret.

(b) This chapter does not affect:

(1) Contractual remedies, whether or not based upon misappropriation of a trade secret;

(2) Other civil remedies that are not based upon misappropriation of a trade secret; or

(3) Criminal remedies, whether or not based upon misappropriation of a trade secret.

63 Del. Laws, c. 218, §  1;  71 Del. Laws, c. 80, §  3; 
Notes of Decisions
Cited in 21 cases (10 in the last 5 years), 2005–2026 · leading case: Abrasic 90 Inc. v. Weldcote Metals, Inc., 364 F. Supp. 3d 888 (E.D. Ill. 2019).
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Abrasic 90 Inc. v. Weldcote Metals, Inc., 364 F. Supp. 3d 888 (E.D. Ill. 2019). · cites it 2× “Compare 6 Del. C. § 2007 (The DUTSA preempts "other law of this State [Delaware] providing civil remedies for misappropriation of trade a trade secret.”
Beard Rsch., Inc. v. Kates, 8 A.3d 573 (Del. Ch. 2010). “6 Del. C. § 2007(a). 193 . Ethypharm S.A.”
Ethypharm S.A. France v. Bentley Pharm., Inc., 388 F. Supp. 2d 426 (D. Del. 2005). “Defendant moves to have counts *433 one, three and four dismissed as preempted by the DUTSA.”
Atl. Med. Specialists, LLC v. Gastroenterology Assocs., P.A., No. N15C-06-245 CEB, 2017 WL 1842899 (Del. Super. Ct. Apr. 20, 2017). · cites it 4× “13 6 Del. C. § 2007. 77 6 Del. C. § 2001. 78 We recognize that this is a somewhat truncated version of Plaintiff’ s alleged trade secrets, see supra pp.”
Smash Franchise Partners, LLC v. Kanda Holdings, Inc., No. 2020-0302-JTL, 2023 WL 4560984 (Del. Ch. July 14, 2023). · cites it 4× “” 6 Del. C. § 2007(a) (the “Preemption Provision”).”
DAT Solutions, LLC v. Convoy, Inc., No. 3:22-cv-00088 (D. Or. Apr. 24, 2023). · cites it 3× “” 6 Del. C. § 2007(a). The Delaware legislature’s professed purpose in adopting the UTSA was to “make uniform the law with respect to [trade secrets] among states enacting it.”
Alarm.com Holdings, Inc. v. ABS Capital Partners, Inc., No. CA 2017-0583-JTL, 2018 WL 3006118 (Del. Ch. June 15, 2018). · cites it 2× “53 6 Del. C. § 2007. 20 As a result of this section, if “common law claims are based on the same alleged wrongful conduct as the trade secret claims, they are precluded under 6 Del.”
250ok, Inc. v. Message Sys., Inc., No. 2020-0588-JRS, 2021 WL 225874 (Del. Ch. Jan. 22, 2021). · cites it 2× “39 On this point, our courts have almost uniformly held that Delaware “has joined the ‘majority view’ that Section 2007 of the DUTSA precludes common law claims based on misappropriation of business information even in cases in which the claim does not 38 6 Del. C. § 2007. 39…”
Truinject Corp. v. Galderma S.A., No. 1:19-cv-00592 (D. Del. Jan. 7, 2020). · cites it 2× “” 6 Del. C. § 2007(a); see also Leucadia, Inc.”
Truinject Corp. v. Galderma S.A., No. 1:19-cv-00592, 2020 WL 5095448 (D. Del. Aug. 28, 2020). · cites it 2× “The Delaware Supreme Court has not yet addressed whether a claim that a defendant tortiously interfered with a CDA is preempted by the Delaware Uniform Trade Secret Act. 3 Overdrive, Inc.”
Dow Chem. Co. v. Organik Kimya Holding A.S., No. 12090-VCG (Del. Ch. May 25, 2018). “Given the uncertainty as to which jurisdiction’s law applies, however, a ruling on preemption would be premature at this stage of the litigation.”
AlixPartners, LLP v. David Benichou, 250 A.3d 775 (Del. Ch. 2019). “38 Whether Plaintiffs’ trade secrets claim preempts the conversion claim will depend on what law applies. As discussed above, what law applies is not a pleadings-stage issue.”
Show all 21 citing cases →
6 Del. C. § 2007(6): 1 case
Atl. Med. Specialists, LLC v. Gastroenterology Assocs., P.A., No. N15C-06-245 CEB, 2017 WL 1842899 (Del. Super. Ct. Apr. 20, 2017). “13 6 Del. C. § 2007. 77 6 Del. C. § 2001. 78 We recognize that this is a somewhat truncated version of Plaintiff’ s alleged trade secrets, see supra pp.”
6 Del. C. § 2007(a): 15 cases
Beard Rsch., Inc. v. Kates, 8 A.3d 573 (Del. Ch. 2010). “6 Del. C. § 2007(a). 193 . Ethypharm S.A.”
Ethypharm S.A. France v. Bentley Pharm., Inc., 388 F. Supp. 2d 426 (D. Del. 2005). “Defendant moves to have counts *433 one, three and four dismissed as preempted by the DUTSA.”
DAT Solutions, LLC v. Convoy, Inc., No. 3:22-cv-00088 (D. Or. Apr. 24, 2023). “” 6 Del. C. § 2007(a). The Delaware legislature’s professed purpose in adopting the UTSA was to “make uniform the law with respect to [trade secrets] among states enacting it.”
Smash Franchise Partners, LLC v. Kanda Holdings, Inc., No. 2020-0302-JTL, 2023 WL 4560984 (Del. Ch. July 14, 2023). “” 6 Del. C. § 2007(a) (the “Preemption Provision”).”
Dow Chem. Co. v. Organik Kimya Holding A.S., No. 12090-VCG (Del. Ch. May 25, 2018). “Given the uncertainty as to which jurisdiction’s law applies, however, a ruling on preemption would be premature at this stage of the litigation.”
6 Del. C. § 2007(b): 2 cases
Smash Franchise Partners, LLC v. Kanda Holdings, Inc., No. 2020-0302-JTL, 2023 WL 4560984 (Del. Ch. July 14, 2023). “” 6 Del. C. § 2007(a) (the “Preemption Provision”).”
Truinject Corp. v. Galderma S.A., No. 1:19-cv-00592 (D. Del. Jan. 7, 2020). “” 6 Del. C. § 2007(a); see also Leucadia, Inc.”
6 Del. C. § 2007(b)(1): 2 cases
Smash Franchise Partners, LLC v. Kanda Holdings, Inc., No. 2020-0302-JTL, 2023 WL 4560984 (Del. Ch. July 14, 2023). “” 6 Del. C. § 2007(a) (the “Preemption Provision”).”
Truinject Corp. v. Galderma S.A., No. 1:19-cv-00592, 2020 WL 5095448 (D. Del. Aug. 28, 2020). “The Delaware Supreme Court has not yet addressed whether a claim that a defendant tortiously interfered with a CDA is preempted by the Delaware Uniform Trade Secret Act. 3 Overdrive, Inc.”
6 Del. C. § 2007(b)(2): 2 cases
Abrasic 90 Inc. v. Weldcote Metals, Inc., 364 F. Supp. 3d 888 (E.D. Ill. 2019). “Compare 6 Del. C. § 2007 (The DUTSA preempts "other law of this State [Delaware] providing civil remedies for misappropriation of trade a trade secret.”
Abrasic 90 Inc.v. Weldcote Metals, Inc., No. 1:18-cv-05376 (N.D. Ill. Mar. 4, 2019).
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