Massachusetts General Laws

Mass. Gen. Laws ch. 93, § 42E (2026)

Trade secrets; statute of limitations

✓ current as of July 2026

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

Section 42E. An action for misappropriation must be brought within 3 years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of sections 42 to 42G, inclusive, a continuing disclosure or use constitutes a single claim.

Notes of Decisions

Cited in 4 cases (4 in the last 5 years), 2023–2026 · leading case: Mary Gattineri v. Williams-sonoma Stores, Inc., & Others. (Mass. App. Ct. 2023).

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Mary Gattineri v. Williams-sonoma Stores, Inc., & Others. (Mass. App. Ct. 2023). “6 The applicable limitations periods are: three years (trade secret misappropriation), G. L. c. 93, § 42E; three years (torts), G.”

Anywherecommerce, Inc. v. Ingenico, Inc. (D. Mass. 2023). “For the trade secret act claims, BBPOS’s claims accrued when the misappropriation was discovered or, by the exercise of reasonable diligence, should have been discovered, with relevant statute of limitations of: 5 years for Count II, Georgia Trade Secrets Act, O.”

Edward P. Abely Co., Inc. v. Abely (D. Mass. 2025). “720, 725 (2014); and misappropriation of trade secrets, see M.G.L. c. 93, § 42E. To be timely, these claims must have accrued on or after July 25, 2021, which is three years before the original complaint was filed.”

Christopher Schoonover v. Burnell Controls, Inc. (Mass. Super. Ct. 2026). “See G.L. c. 93, § 42E (Massachusetts Uniform Trade Secrets Act); 18 U.”

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