Mich. Comp. Laws » Michigan Compiled Laws / Chapter 445 / Act 448 of 1998
Michigan Compiled Laws

Mich. Comp. Laws § 445.1902 (2026)

Definitions.

✓ current as of July 2026
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UNIFORM TRADE SECRETS ACT


Act 448 of 1998


445.1902 Definitions.

Sec. 2.

    As used in this act:

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

    (b) "Misappropriation" means either of the following:

    (i) 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.

    (ii) Disclosure or use of a trade secret of another without express or implied consent by a person who did 1 or more of the following:

    (A) Used improper means to acquire knowledge of the trade secret.

    (B) At the time of disclosure or use, knew or had reason to know that his or her knowledge of the trade secret was derived from or through a person who had utilized improper means to acquire it, acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use, or derived from or through a person who owed a duty to the person to maintain its secrecy or limit its use.

    (C) Before a material change of his or her 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.

    (c) "Person" means an individual, corporation, partnership, association, governmental entity, or any other legal entity.

    (d) "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process, that is both of the following:

    (i) 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.

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

History: 1998, Act 448, Imd. Eff. Dec. 30, 1998

Notes of Decisions
Cited in 78 cases (27 in the last 5 years), 1999–2026 · leading case: Wysong Corp. v. M.I. Indus., 412 F. Supp. 2d 612 (E.D. Mich. 2005).
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Wysong Corp. v. M.I. Indus., 412 F. Supp. 2d 612 (E.D. Mich. 2005). · cites it 8× “Mich. Comp. Laws § 445.1902 . Michigan courts use the following factors to determine if information is a trade secret: (1) extent to which information is known outside of owner’s business, (2) extent to which information is known by employees and others involved in business, (3)…”
Radiant Global Logistics, Inc. v. Furstenau, 368 F. Supp. 3d 1112 (E.D. Mich. 2019). · cites it 6× “MCL § 445.1902. a. Actual Misappropriation Radiant argues against Defendants' "attempt to characterize this case as merely one in which an employee leaves an employer for a competitor and begins soliciting customers of that former employer" (Pl.”
Nedschroef Detroit Corp. v. Bemas Enter. LLC, 106 F. Supp. 3d 874 (E.D. Mich. 2015). · cites it 6× “; (III) violation of the Michigan Uniform Trade Secrets Act, Mich. Comp. Laws § 445.1902 ; (IV) unfair competition; (V) conversion; (VI) statutory conversion, Mich.”
Sherman & Co. v. Salton Maxim Housewares, Inc., 94 F. Supp. 2d 817 (E.D. Mich. 2000). · cites it 6× “MCL § 445.1902(b)(ii)(A) defines “misappropriation” as the “[disclosure or use of a trade secret of another without express or implied consent by a person who .”
Echelon Homes, LLC v. Carter Lumber Co., 694 N.W.2d 544 (Mich. 2005). · cites it 2× “831(4) (a person who provides a statement used in an application for registration or property report is liable only for false statements and omissions in his statement and only "if it is proved he knew or reasonably should have known of the existence of the true facts by reason…”
Appalachian Railcar Servs., Inc. v. Boatright Enter., Inc., 602 F. Supp. 2d 829 (W.D. Mich. 2008). · cites it 3× “They argue that the information consists of (1) links to publicly available websites and (2) blank standard forms generated by the Association of American Railroads and widely used in the industry, and they rely on the proposition that “publicly available, generally known…”
Dice Corp. v. Bold Tech., 556 F. App'x 378 (6th Cir. 2014). · cites it 3× “See Mich. Comp. Laws § 445.1902 . 2 A trade secret consists of two component parts.”
Ford Motor Co. v. Lane, 67 F. Supp. 2d 745 (E.D. Mich. 1999). · cites it 7× “” Mich. Comp. Laws Ann. § 445.1902 (d). 5 .”
Apex Tool Grp., LLC v. Wessels, 119 F. Supp. 3d 599 (E.D. Mich. 2015). · cites it 4× “Mich. Comp. Laws § 445.1902 (d). It is the plaintiffs burden of “pleading and proving the specific nature of the trade secrets.”
Delphi Auto. PLC v. Absmeier, 167 F. Supp. 3d 868 (E.D. Mich. 2016). · cites it 2× “Laws § 445.1902(b). A “trade secret” is defined as: “[I]nformation, including a formula, pattern, compilation, program, device, method, technique, or process, that is both of the following: (i) Derives independent economic value, actual or potential, from not being generally…”
Ajuba Int'l, L.L.C. v. Saharia, 871 F. Supp. 2d 671 (E.D. Mich. 2012). · cites it 2× “at *3 (citing Mich. Comp. Laws § 445.1902 (b)). The Court finds the approaches taken in AutoZone and Compuware to be the proper course of action when a defendant seeks dismissal of MUTSA claim for failure to plead the alleged trade secrets with sufficient specificity.”
United Rentals (North Am.), Inc. v. Jerry Keizer, Grant Rent-All, Inc. & Mulder's Outdoor Power Equip., Inc., 355 F.3d 399 (6th Cir. 2004). · cites it 2× “on Plaintiffs claims for breach of contract; violation of the Michigan Uniform Trade Secrets Act, Mich. Comp. Laws Ann. § 445.1902 ; intentional interference with contract; intentional interference with business relations; civil conspiracy; and breach of a fiduciary duty of…”
Show all 78 citing cases →
— Mich. Comp. Laws § 445.1902(a) — 4 cases
Ford Motor Co. v. Lane, 67 F. Supp. 2d 745 (E.D. Mich. 1999). “” Mich. Comp. Laws Ann. § 445.1902 (d). 5 .”
Endoscopy Corp. of Am. v. Hassan Kenaan (Mich. Ct. App. 2023).
Lothamer Tax Resolution, Inc. v. Kimmel (W.D. Mich. 2025).
Ford Motor Co. v. Intermotive, Inc. (E.D. Mich. 2025).
— Mich. Comp. Laws § 445.1902(b) — 10 cases
Radiant Global Logistics, Inc. v. Furstenau, 368 F. Supp. 3d 1112 (E.D. Mich. 2019). “MCL § 445.1902. a. Actual Misappropriation Radiant argues against Defendants' "attempt to characterize this case as merely one in which an employee leaves an employer for a competitor and begins soliciting customers of that former employer" (Pl.”
Delphi Auto. PLC v. Absmeier, 167 F. Supp. 3d 868 (E.D. Mich. 2016). “Laws § 445.1902(b). A “trade secret” is defined as: “[I]nformation, including a formula, pattern, compilation, program, device, method, technique, or process, that is both of the following: (i) Derives independent economic value, actual or potential, from not being generally…”
Ford Motor Co. v. Lane, 67 F. Supp. 2d 745 (E.D. Mich. 1999). “” Mich. Comp. Laws Ann. § 445.1902 (d). 5 .”
McKesson Med.-Surgical, Inc. v. Micro Bio-Medics, Inc., 266 F. Supp. 2d 590 (E.D. Mich. 2003).
Quick Draw Tarpaulin Sys. Inc v. Glider Sys. of Michigan LLC (Mich. Ct. App. 2023).
— Mich. Comp. Laws § 445.1902(b)(1) — 1 case
Nagel Precision Inc. v. RnD Eng'g, LLC (In re RnD Eng'g, LLC), 546 B.R. 738 (Bankr. E.D. Mich. 2016).
— Mich. Comp. Laws § 445.1902(b)(ii) — 4 cases
CMI Int'l, Inc. v. Intermet Int'l Corp., 649 N.W.2d 808 (Mich. Ct. App. 2002).
Tj Theisen v. Inventive Consulting LLC (Mich. Ct. App. 2021).
Tj Theisen v. Inventive Consulting LLC (Mich. Ct. App. 2021).
Autokiniton US Holdings Inc v. Michael Gibbs (Mich. Ct. App. 2023).
— Mich. Comp. Laws § 445.1902(b)(ii)(A) — 1 case
Sherman & Co. v. Salton Maxim Housewares, Inc., 94 F. Supp. 2d 817 (E.D. Mich. 2000). “MCL § 445.1902(b)(ii)(A) defines “misappropriation” as the “[disclosure or use of a trade secret of another without express or implied consent by a person who .”
— Mich. Comp. Laws § 445.1902(b)(ii)(B) — 4 cases
Echelon Homes, LLC v. Carter Lumber Co., 694 N.W.2d 544 (Mich. 2005). “831(4) (a person who provides a statement used in an application for registration or property report is liable only for false statements and omissions in his statement and only "if it is proved he knew or reasonably should have known of the existence of the true facts by reason…”
Quick Draw Tarpaulin Sys. Inc v. Glider Sys. of Michigan LLC (Mich. Ct. App. 2023).
Palltronics, Inc. v. PALIoT Solutions, Inc. (E.D. Mich. 2023).
Belding (W.D. Mich. 2025).
— Mich. Comp. Laws § 445.1902(d) — 29 cases
Appalachian Railcar Servs., Inc. v. Boatright Enter., Inc., 602 F. Supp. 2d 829 (W.D. Mich. 2008). “They argue that the information consists of (1) links to publicly available websites and (2) blank standard forms generated by the Association of American Railroads and widely used in the industry, and they rely on the proposition that “publicly available, generally known…”
Radiant Global Logistics, Inc. v. Furstenau, 368 F. Supp. 3d 1112 (E.D. Mich. 2019). “MCL § 445.1902. a. Actual Misappropriation Radiant argues against Defendants' "attempt to characterize this case as merely one in which an employee leaves an employer for a competitor and begins soliciting customers of that former employer" (Pl.”
Delphi Auto. PLC v. Absmeier, 167 F. Supp. 3d 868 (E.D. Mich. 2016). “Laws § 445.1902(b). A “trade secret” is defined as: “[I]nformation, including a formula, pattern, compilation, program, device, method, technique, or process, that is both of the following: (i) Derives independent economic value, actual or potential, from not being generally…”
Herald Co., Inc. v. Tax Tribunal, 669 N.W.2d 862 (Mich. Ct. App. 2003).
Degussa Admixtures, Inc. v. Burnett, 471 F. Supp. 2d 848 (W.D. Mich. 2007).
— Mich. Comp. Laws § 445.1902(d)(1) — 2 cases
Appalachian Railcar Servs., Inc. v. Boatright Enter., Inc., 602 F. Supp. 2d 829 (W.D. Mich. 2008). “They argue that the information consists of (1) links to publicly available websites and (2) blank standard forms generated by the Association of American Railroads and widely used in the industry, and they rely on the proposition that “publicly available, generally known…”
Nagel Precision Inc. v. RnD Eng'g, LLC (In re RnD Eng'g, LLC), 546 B.R. 738 (Bankr. E.D. Mich. 2016).
— Mich. Comp. Laws § 445.1902(d)(i) — 4 cases
20250225_C365726_49_365726.Opn.Pdf (Mich. Ct. App. 2025).
Gen-Wealth Inc v. Brian a Freckman (Mich. Ct. App. 2021).
Endoscopy Corp. of Am. v. Hassan Kenaan (Mich. Ct. App. 2023).
Polytorx LLC v. Regents of Univ. of Michigan (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 445.1902(d)(ii) — 4 cases
Nagel Precision Inc. v. RnD Eng'g, LLC (In re RnD Eng'g, LLC), 546 B.R. 738 (Bankr. E.D. Mich. 2016).
20250225_C365726_49_365726.Opn.Pdf (Mich. Ct. App. 2025).
Bhb Inv. Holdings LLC v. Steven Ogg (Mich. Ct. App. 2017).
Bhb Inv. Holdings LLC v. Steven Ogg (Mich. Ct. App. 2017).
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