New York S 5336: Relates to unfair claim settlement practices

Bill Text

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S05336 Summary:

BILL NOS05336 

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SAME ASSAME AS A08105

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SPONSORSANDERS

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COSPNSR

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MLTSPNSR

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Add Art 17-B §§279-m - 279-v, Gen Bus L; amd §8303-a, CPLR

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Relates to creating the uniform trade secrets act.

Go to top S05336 Actions:

BILL NOS05336 

&nbsp

02/20/2025REFERRED TO JUDICIARY

01/07/2026REFERRED TO JUDICIARY

Go to topS05336 Committee&nbspVotes:

Go to topS05336 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05336 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5336

 2025-2026 Regular Sessions

 IN SENATE

 February 20, 2025
 ___________

 Introduced by Sen. SANDERS -- read twice and ordered printed, and when
 printed to be committed to the Committee on Judiciary

 AN ACT to amend the general business law and the civil practice law and
 rules, in relation to the uniform trade secrets act

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The general business law is amended by adding a new article
 2 17-B to read as follows:
 3 ARTICLE 17-B
 4 UNIFORM TRADE SECRETS ACT
 5 Section 279-m. Short title.
 6 279-n. Definitions.
 7 279-o. Injunctive relief.
 8 279-p. Damages.
 9 279-q. Attorney's fees.
 10 279-r. Preservation of secrecy.
 11 279-s. Statute of limitations.
 12 279-t. Effect on other law.
 13 279-u. Uniformity of application and construction.
 14 279-v. Severability.
 15 § 279-m. Short title. This article shall be known as the "uniform
 16 trade secrets act".
 17 § 279-n. Definitions. As used in this article, unless the context
 18 requires otherwise:
 19 (a) "Improper means" includes theft, bribery, misrepresentation,
 20 breach or inducement of a breach of a duty to maintain secrecy, or espi-
 21 onage through electronic or other means;
 22 (b) "Misappropriation" means: (1) acquisition of a trade secret of
 23 another by a person who knows or has reason to know that the trade
 24 secret was acquired by improper means; or (2) duplicating, sketching,
 25 drawing, photographing, downloading, uploading, concealing, altering,

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10022-01-5

 S. 5336 2

 1 destroying, replicating, transmitting, delivering, sending, mailing,
 2 communicating, or conveying a trade secret without authorization; or (3)
 3 receiving, buying, or possessing a trade secret, knowing the same to
 4 have been stolen or appropriated, obtained, or converted without author-
 5 ization; or (4) disclosure or use of a trade secret of another without
 6 express or implied consent by a person who:
 7 (i) used improper means to acquire knowledge of the trade secret; or
 8 (ii) at the time of disclosure or use, knew or had reason to know that
 9 such person's knowledge of the trade secret was:
 10 (A) derived from or through a person who had utilized improper means
 11 to acquire it;
 12 (B) acquired under circumstances giving rise to a duty to maintain its
 13 secrecy or limit its use; or
 14 (C) derived from or through a person who owed a duty to the person
 15 seeking relief to maintain its secrecy or limit its use; or
 16 (iii) before a material change of such person's position, knew or had
 17 reason to know that it was a trade secret and that knowledge of it had
 18 been acquired by accident or mistake;
 19 (c) "Person" means a natural person, corporation, limited liability
 20 company, business trust, estate, trust, partnership, association, joint
 21 venture, government, governmental subdivision or agency, or any other
 22 legal or commercial entity; and
 23 (d) "Trade secret" means any form and type of financial, business,
 24 scientific, technical, economic, or engineering information, including a
 25 pattern, plan, compilation, program device, formula, design, prototype,
 26 method, technique, process, procedure, program, or code, whether tangi-
 27 ble or intangible, and whether or how stored, compiled, or memorialized
 28 physically, electronically, graphically, photographically or in writing,
 29 that:
 30 (1) derives independent economic value, actual or potential, from not
 31 being generally known to, and not being readily ascertainable by proper
 32 m