La. R.S. » RS
Louisiana Revised Statutes & Codes

La. Rev. Stat. § 51:1431 (2026)

Definitions

✓ current as of May 2026
Find cases: SyfertCases citing this section LA-LEGlegis.la.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

CHAPTER 13-A. UNIFORM TRADE SECRETS ACT

§1431. Definitions

           As used in this Chapter, unless the context requires otherwise:

           (1) "Improper means" includes theft, bribery, misrepresentation, breach, or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.

           (2) "Misappropriation" means:

           (a) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or

           (b) disclosure or use of a trade secret of another without express or implied consent by a person who:

           (i) used improper means to acquire knowledge of the trade secret; or

           (ii) at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:

           (aa) derived from or through a person who had utilized improper means to acquire it;

           (bb) acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or

           (cc) derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or

           (iii) before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.

           (3) "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.

           (4) "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:

           (a) derives independent economic value, actual or potential, from not being generally known to and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use, and

           (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

           Added by Acts 1981, No. 462, §1.

Notes of Decisions
Cited in 101 cases (34 in the last 5 years), 1982–2026 · leading case: Irving Reingold v. Swiftships, Inc., 126 F.3d 645 (5th Cir. 1997).
Sort: Relevance Newest Treatment
Irving Reingold v. Swiftships, Inc., 126 F.3d 645 (5th Cir. 1997). · cites it 10× “R.S. 51:1431, 1433. The LUTSA adopts the Uniform Trade Secrets Act (UTSA) definitions of "trade secret" and "misappropriation," in pertinent parts, as follows: Trade secret 11 "Trade secret" means information, including a formula, pattern, compilation, program, device, method,…”
First Am. Bankcard, Inc. v. Smart Bus. Tech., Inc., 178 F. Supp. 3d 390 (E.D. La. 2016). · cites it 6× “R.S. § 51:1431(1). However, this is only a partial list of means of acquisition that would be deemed “improper.”
Checkpoint Fluidic Sys. Int'l, Ltd. v. Guccione, 888 F. Supp. 2d 780 (E.D. La. 2012). · cites it 9× “See La.Rev.Stat. § 51:1431. The threshold determination under LUTSA is whether information constitutes a trade secret.”
Bihm v. Deca Sys., Inc., 226 So. 3d 466 (La. Ct. App. 2017). · cites it 4× “R.S. 51:1431 et seq., (LUTSA), and for intentional interference with business relations.”
South East Auto Dea. Ren. v. Ez Rent to Own, 980 So. 2d 89 (La. Ct. App. 2008). · cites it 3× “…had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake. La. R.S. 51:1431(2)(a) and (b).”
Restivo v. Hanger Prosthetics & Orthotics, Inc., 483 F. Supp. 2d 521 (E.D. La. 2007). · cites it 3× “La.Rev.Stat. Ann. § 51:1431 (2)(b). 7 . "Previous [court] decisions have allowed former employees in soliciting customers to rely on their memory and on the general information they acquired while they were employed by the plaintiff.”
Johnson Controls, Inc. v. Guidry, 724 F. Supp. 2d 612 (W.D. La. 2010). · cites it 3× “Based on the above, JCI has not made the threshold showing necessary for the issuance of a preliminary injunction in this case for any claimed breach of the confidentiality clauses or agreements; JCI has not established that special circumstances in this ease would make money…”
Technical Indus., Inc. v. Banks, 419 F. Supp. 2d 903 (W.D. La. 2006). · cites it 6× “R.S. 51:1431 (2)(b)(ii)(bb). The Court now turns to the first question, whether Technical has a protectable trade secret under the meaning of the Act.”
Miller v. Blattner, 676 F. Supp. 2d 485 (E.D. La. 2009). · cites it 6× “” La.Rev.Stat. Ann. § 51:1431(1). First, Miller argues that Allpax cannot prove that the customer emails constitute protected trade secrets.”
B & G Crane Serv., LLC v. Duvic, 935 So. 2d 164 (La. Ct. App. 2006). · cites it 3× “R.S. 51:1431 et seq., for the reasons detailed below.”
Innovative Manpower Solutions, LLC v. Ironman Staffing, LLC, 929 F. Supp. 2d 597 (W.D. La. 2013). · cites it 3× “§ 51:1431). A plaintiff may obtain injunctive relief for either “[a]ctual or threatened *612 misappropriation.”
Advance Prods. & Sys., Inc. v. Simon, 944 So. 2d 788 (La. Ct. App. 2006). · cites it 2× “R.S. 51:1431; Pontchartrain Medical Labs, Inc.”
Show all 101 citing cases →
La. Rev. Stat. § 51:1431(1): 4 cases
First Am. Bankcard, Inc. v. Smart Bus. Tech., Inc., 178 F. Supp. 3d 390 (E.D. La. 2016). “R.S. § 51:1431(1). However, this is only a partial list of means of acquisition that would be deemed “improper.”
Miller v. Blattner, 676 F. Supp. 2d 485 (E.D. La. 2009). “” La.Rev.Stat. Ann. § 51:1431(1). First, Miller argues that Allpax cannot prove that the customer emails constitute protected trade secrets.”
Technical Indus., Inc. v. Banks, 419 F. Supp. 2d 903 (W.D. La. 2006). “R.S. 51:1431 (2)(b)(ii)(bb). The Court now turns to the first question, whether Technical has a protectable trade secret under the meaning of the Act.”
Total Saf. U.S., Inc. v. Code Red Saf. & Rental, LLC (E.D. La. 2019).
La. Rev. Stat. § 51:1431(2): 13 cases
First Am. Bankcard, Inc. v. Smart Bus. Tech., Inc., 178 F. Supp. 3d 390 (E.D. La. 2016). “R.S. § 51:1431(1). However, this is only a partial list of means of acquisition that would be deemed “improper.”
Bihm v. Deca Sys., Inc., 226 So. 3d 466 (La. Ct. App. 2017). “R.S. 51:1431 et seq., (LUTSA), and for intentional interference with business relations.”
Advance Prods. & Sys., Inc. v. Simon, 944 So. 2d 788 (La. Ct. App. 2006). “R.S. 51:1431; Pontchartrain Medical Labs, Inc.”
Johnson Controls, Inc. v. Guidry, 724 F. Supp. 2d 612 (W.D. La. 2010). “Based on the above, JCI has not made the threshold showing necessary for the issuance of a preliminary injunction in this case for any claimed breach of the confidentiality clauses or agreements; JCI has not established that special circumstances in this ease would make money…”
Miller v. Blattner, 676 F. Supp. 2d 485 (E.D. La. 2009). “” La.Rev.Stat. Ann. § 51:1431(1). First, Miller argues that Allpax cannot prove that the customer emails constitute protected trade secrets.”
La. Rev. Stat. § 51:1431(2)(a): 4 cases
South East Auto Dea. Ren. v. Ez Rent to Own, 980 So. 2d 89 (La. Ct. App. 2008). “…had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake. La. R.S. 51:1431(2)(a) and (b).”
Sheets v. Yamaha Motors Corp., U.S.A, 657 F. Supp. 319 (E.D. La. 1987).
Volt Power L L C v. James Eric Deville (W.D. La. 2021).
Total Saf. U.S., Inc. v. Code Red Saf. & Rental, LLC (E.D. La. 2019).
La. Rev. Stat. § 51:1431(2)(b)(ii)(bb): 3 cases
JustMed, Inc. v. Byce, 600 F.3d 1118 (9th Cir. 2010).
Restivo v. Hanger Prosthetics & Orthotics, Inc., 483 F. Supp. 2d 521 (E.D. La. 2007). “La.Rev.Stat. Ann. § 51:1431 (2)(b). 7 . "Previous [court] decisions have allowed former employees in soliciting customers to rely on their memory and on the general information they acquired while they were employed by the plaintiff.”
Pontchartrain Med. v. Roche Biomed. Lab., 677 So. 2d 1086 (La. Ct. App. 1996).
La. Rev. Stat. § 51:1431(4): 38 cases
Checkpoint Fluidic Sys. Int'l, Ltd. v. Guccione, 888 F. Supp. 2d 780 (E.D. La. 2012). “See La.Rev.Stat. § 51:1431. The threshold determination under LUTSA is whether information constitutes a trade secret.”
First Am. Bankcard, Inc. v. Smart Bus. Tech., Inc., 178 F. Supp. 3d 390 (E.D. La. 2016). “R.S. § 51:1431(1). However, this is only a partial list of means of acquisition that would be deemed “improper.”
Irving Reingold v. Swiftships, Inc., 126 F.3d 645 (5th Cir. 1997). “R.S. 51:1431, 1433. The LUTSA adopts the Uniform Trade Secrets Act (UTSA) definitions of "trade secret" and "misappropriation," in pertinent parts, as follows: Trade secret 11 "Trade secret" means information, including a formula, pattern, compilation, program, device, method,…”
Bihm v. Deca Sys., Inc., 226 So. 3d 466 (La. Ct. App. 2017). “R.S. 51:1431 et seq., (LUTSA), and for intentional interference with business relations.”
South East Auto Dea. Ren. v. Ez Rent to Own, 980 So. 2d 89 (La. Ct. App. 2008). “…had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake. La. R.S. 51:1431(2)(a) and (b).”
La. Rev. Stat. § 51:1431(4)(a): 5 cases
Irving Reingold v. Swiftships, Inc., 126 F.3d 645 (5th Cir. 1997). “R.S. 51:1431, 1433. The LUTSA adopts the Uniform Trade Secrets Act (UTSA) definitions of "trade secret" and "misappropriation," in pertinent parts, as follows: Trade secret 11 "Trade secret" means information, including a formula, pattern, compilation, program, device, method,…”
South East Auto Dea. Ren. v. Ez Rent to Own, 980 So. 2d 89 (La. Ct. App. 2008). “…had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake. La. R.S. 51:1431(2)(a) and (b).”
Technical Indus., Inc. v. Banks, 419 F. Supp. 2d 903 (W.D. La. 2006). “R.S. 51:1431 (2)(b)(ii)(bb). The Court now turns to the first question, whether Technical has a protectable trade secret under the meaning of the Act.”
Assoc Prof Educators LA v. EDU20/20 (5th Cir. 2026).
Irving Reingold v. Swiftships, Inc.
La. Rev. Stat. § 51:1431(4)(a)(b): 1 case
In Re Marriage of Kuntz, 929 So. 2d 75 (La. Ct. App. 2006).
La. Rev. Stat. § 51:1431(4)(b): 2 cases
Bihm v. Deca Sys., Inc., 226 So. 3d 466 (La. Ct. App. 2017). “R.S. 51:1431 et seq., (LUTSA), and for intentional interference with business relations.”
Matrix HVAC, LLC v. Daikin Applied Americas, Inc. (E.D. La. 2023).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.