Mississippi Code

Miss. Code Ann. § 75-26-3 (2026)

Definitions

✓ current as of July 2026

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

(a) "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.

(b) "Misappropriation" means:
- (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; or
- (ii) Disclosure or use of a trade secret of another without express or implied consent by a person who:
  - 1. Used improper means to acquire knowledge of the trade secret; or
  - 2. At the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:
    - a. Derived from or through a person who had utilized improper means to acquire it;
    - b. Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or
    - c. Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limits its use; or
  - 3. 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 a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency or any other legal or commercial entity.

(d) "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique or process, that:
- (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, and
- (ii) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Laws, 1990, ch. 442, § 2, eff. 7/1/1990.

Notes of Decisions

Cited in 25 cases (7 in the last 5 years), 1993–2025 · leading case: Fred's Stores of Miss. v. M & H DRUGS, 725 So. 2d 902 (Miss. 1998).

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Fred's Stores of Miss. v. M & H DRUGS, 725 So. 2d 902 (Miss. 1998). · cites it 6× “Miss.Code Ann. § 75-26-3(d) (1991). ¶ 16.”

Marshall v. Gipson Steel, Inc., 806 So. 2d 266 (Miss. 2002). · cites it 9× “§ 75-26-3, NAMELY IN FINDING A. ARTICULATED TRADE SECRETS RELATING TO THE STEEL ESTIMATION PROCESS; B.”

Seven Seas Techs., Inc. v. Infinite Comput. Solutions, Inc., 353 F. Supp. 3d 545 (S.D. Miss. 2018). · cites it 3× “Miss. Code Ann. § 75-26-3 (d). It defines "improper means" as including "theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.”

Elec. Data Sys. Corp. v. MS DIV. OF MEDICAID, 853 So. 2d 1192 (Miss. 2003). · cites it 2× “A trade secret is defined by Miss.Code Ann. § 75-26-3(d) (Rev.2000) as: information, including a formula, pattern, compilation, program, device, method, technique or process, that: (i) Derives independent economic value, actual or potential, from not being generally known to,…”

Gannett Co. v. Entergy Mississippi, Inc., 940 So. 2d 221 (Miss. 2006). · cites it 2× “[4] Under the Mississippi Uniform Trade Secrets Act, a "trade secret" means: information, including a formula, pattern, compilation, program, device, method, technique or process, that: (I) Derives independent economic value, actual or potential, from not being generally known…”

Pepper v. Int'l Gaming Sys., LLC, 312 F. Supp. 2d 853 (N.D. Miss. 2004). · cites it 7× “” Miss.Code Ann. § 75-26-3(a) (2000). Furthermore, a “trade secret” is: [IJnformation, including a formula, pattern, compilation, program, device, method, technique, or process, that: (i) Derives independent economic value, actual or potential, from not being generally known to,…”

ACI Chemicals, Inc. v. Metaplex, Inc., 615 So. 2d 1192 (Miss. 1993). · cites it 3× “NOTES [1] The definition of a trade secret is now codified in Miss. Code Ann. § 75-26-3 (d) (Rev. 1991).”

Expro Americas, LLC v. Walters, 179 So. 3d 1010 (Miss. 2015). · cites it 4× “” Miss.Code Ann. § 75-26-3(d) (Rev.2009) (emphasis added).”

Pie Dev. v. Pie Carr Holdings, 128 F.4th 657 (5th Cir. 2025). “§ 1839 (5)(A); see also Miss. Code § 75-26-3(b)(i). Pie Development’s complaint does not adequately plead misappropriation under this definition.”

Caldwell & Gregory, Inc. v. UNIV. OF SO. MS., 716 So. 2d 1120 (Miss. Ct. App. 1998). · cites it 2× “Miss. Code Ann. § 75-26-3 (Rev. 1991). ¶ 8.”

Union Nat'l Life Ins. v. Tillman, 143 F. Supp. 2d 638 (N.D. Miss. 2000). · cites it 2× “” Miss.Code Ann. § 75-26-3(b). The Act defines a trade secret as “information, including a formula, pattern, compilation, program, device, method, technique or process, that derives independent economic value, actual or potential, from not being generally known to, and not being…”

Miss. State Univ. v. PETA, INC., 992 So. 2d 595 (Miss. 2008). · cites it 2× “MSU submitted a "Log of Confidential Documents" which listed each project title as "confidential" and claimed a "privilege/protection" for each IACUC protocol form based upon "(1) Miss.”

Show all 25 citing cases →

— Miss. Code Ann. § 75-26-3(a) — 3 cases

Seven Seas Techs., Inc. v. Infinite Comput. Solutions, Inc., 353 F. Supp. 3d 545 (S.D. Miss. 2018). “Miss. Code Ann. § 75-26-3 (d). It defines "improper means" as including "theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.”

Marshall v. Gipson Steel, Inc., 806 So. 2d 266 (Miss. 2002). “§ 75-26-3, NAMELY IN FINDING A. ARTICULATED TRADE SECRETS RELATING TO THE STEEL ESTIMATION PROCESS; B.”

Pepper v. Int'l Gaming Sys., LLC, 312 F. Supp. 2d 853 (N.D. Miss. 2004). “” Miss.Code Ann. § 75-26-3(a) (2000). Furthermore, a “trade secret” is: [IJnformation, including a formula, pattern, compilation, program, device, method, technique, or process, that: (i) Derives independent economic value, actual or potential, from not being generally known to,…”

— Miss. Code Ann. § 75-26-3(b) — 2 cases

Union Nat'l Life Ins. v. Tillman, 143 F. Supp. 2d 638 (N.D. Miss. 2000). “” Miss.Code Ann. § 75-26-3(b). The Act defines a trade secret as “information, including a formula, pattern, compilation, program, device, method, technique or process, that derives independent economic value, actual or potential, from not being generally known to, and not being…”

— Miss. Code Ann. § 75-26-3(b)(i) — 1 case

— Miss. Code Ann. § 75-26-3(d) — 10 cases

Elec. Data Sys. Corp. v. MS DIV. OF MEDICAID, 853 So. 2d 1192 (Miss. 2003). “A trade secret is defined by Miss.Code Ann. § 75-26-3(d) (Rev.2000) as: information, including a formula, pattern, compilation, program, device, method, technique or process, that: (i) Derives independent economic value, actual or potential, from not being generally known to,…”

Fred's Stores of Miss. v. M & H DRUGS, 725 So. 2d 902 (Miss. 1998). “Miss.Code Ann. § 75-26-3(d) (1991). ¶ 16.”

Marshall v. Gipson Steel, Inc., 806 So. 2d 266 (Miss. 2002). “§ 75-26-3, NAMELY IN FINDING A. ARTICULATED TRADE SECRETS RELATING TO THE STEEL ESTIMATION PROCESS; B.”

Expro Americas, LLC v. Walters, 179 So. 3d 1010 (Miss. 2015). “” Miss.Code Ann. § 75-26-3(d) (Rev.2009) (emphasis added).”

— Miss. Code Ann. § 75-26-3(d)(2000) — 1 case

Marshall v. Gipson Steel, Inc., 806 So. 2d 266 (Miss. 2002). “§ 75-26-3, NAMELY IN FINDING A. ARTICULATED TRADE SECRETS RELATING TO THE STEEL ESTIMATION PROCESS; B.”

— Miss. Code Ann. § 75-26-3(d)(i) — 3 cases

Fred's Stores of Miss. v. M & H DRUGS, 725 So. 2d 902 (Miss. 1998). “Miss.Code Ann. § 75-26-3(d) (1991). ¶ 16.”

Marshall v. Gipson Steel, Inc., 806 So. 2d 266 (Miss. 2002). “§ 75-26-3, NAMELY IN FINDING A. ARTICULATED TRADE SECRETS RELATING TO THE STEEL ESTIMATION PROCESS; B.”

B. Scott Marshall v. Gipson Steel, Inc. (Miss. 2000).

— Miss. Code Ann. § 75-26-3(d)(i)(ii) — 1 case

Marshall v. Gipson Steel, Inc., 806 So. 2d 266 (Miss. 2002). “§ 75-26-3, NAMELY IN FINDING A. ARTICULATED TRADE SECRETS RELATING TO THE STEEL ESTIMATION PROCESS; B.”

— Miss. Code Ann. § 75-26-3(d)(ii) — 1 case

Fred's Stores of Miss. v. M & H DRUGS, 725 So. 2d 902 (Miss. 1998). “Miss.Code Ann. § 75-26-3(d) (1991). ¶ 16.”

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