Nevada Trade Secret Laws: UTSA, Remedies & Deadlines

Nevada adopted the Nevada Uniform Trade Secrets Act, Nev. Rev. Stat. §§ 600A.010 to 600A.100, in 1987, providing a UTSA-aligned civil framework for trade secret misappropriation claims. Actions must be commenced within three years of the date misappropriation was discovered or reasonably should have been discovered under § 600A.080.

This guide is part of our Trade Secret Laws by State series.

Information last verified on 2026-06-25. This article presents general legal information, not legal advice. For a full overview of trade secret protections across the country, see Trade Secret Laws by State.

Does Nevada have a trade secret law?

Nevada enacted the Nevada Uniform Trade Secrets Act (NUTSA) in 1987, codified at Nev. Rev. Stat. §§ 600A.010 to 600A.100. The statute tracks the Uniform Law Commission's model closely, providing a civil remedy for misappropriation arising from the acquisition, disclosure, or use of trade secrets by improper means or in breach of a duty of confidence. Nevada's technology, gaming, and hospitality industries make trade secret protection particularly significant in the state, and the NUTSA applies across all industries and information types. Federal criminal liability under the Economic Espionage Act, 18 U.S.C. §§ 1831-1832, supplements the civil framework for egregious theft of trade secrets.

What counts as a trade secret in Nevada?

Section 600A.030 of the Nevada Revised Statutes defines a trade secret as information, including a formula, pattern, compilation, program, device, method, technique, or process, that satisfies two conditions.

First, the information must derive 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.

Second, the information must be the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Both conditions must be satisfied simultaneously. Misappropriation under § 600A.030(2) includes acquiring another’s trade secret by improper means, or acquiring it while knowing or having reason to know it was acquired improperly. Disclosure or use without express or implied consent is also covered if the person used improper means to acquire it, or at disclosure or use knew or had reason to know it came through improper means or a source or circumstances imposing secrecy or limited-use duties. Another branch covers knowledge or reason to know, before a material change of position, that the information was a trade secret acquired by accident or mistake. Improper means under § 600A.030(1) include theft, bribery, misrepresentation, espionage, and specified willful breaches or inducements of breaches of duties.

Reverse engineering and independent development are lawful under the NUTSA. A competitor who arrives at the same information through legitimate means has not committed misappropriation.

Remedies and the limitations period in Nevada

Section 600A.040 authorizes courts to grant injunctive relief to prevent actual or threatened misappropriation. Under § 600A.040(2), exceptional circumstances may justify conditioning future use on a reasonable royalty for no longer than the period use could have been prohibited. These circumstances include a material and prejudicial change of position before knowledge or reason to know of misappropriation that makes a prohibitive injunction inequitable.

Section 600A.050 governs damages. A claimant may recover (a) actual loss caused by misappropriation plus unjust enrichment of the misappropriator not already accounted for in the actual-loss award, or (b) a reasonable royalty for the unauthorized use. When willful, wanton or reckless misappropriation or disregard of the trade-secret owner’s rights exists, a court may award exemplary damages not exceeding twice the award under § 600A.050(1).

Under § 600A.060, the court may award reasonable attorney fees to the prevailing party when a misappropriation claim is made in bad faith, an injunction-termination motion is made or resisted in bad faith, or willful and malicious misappropriation exists.

The limitations period under § 600A.080 is three years, measured from when the misappropriation was discovered or reasonably should have been discovered. Nevada's period matches the standard UTSA window without deviation.

How the federal Defend Trade Secrets Act applies in Nevada

The Defend Trade Secrets Act (DTSA), 18 U.S.C. §§ 1836-1839, effective May 11, 2016, established a federal civil cause of action for misappropriation when the secret relates to a product or service used in, or intended for use in, interstate or foreign commerce. That commerce nexus is met by nearly all Nevada commercial information.

The DTSA does not preempt state law (18 U.S.C. § 1838), so Nevada claimants routinely plead NUTSA and DTSA claims together in a single action, preserving access to a federal forum and federal procedural tools.

Key DTSA features applicable in Nevada:

• Ex parte seizure: Federal courts may order immediate seizure of property to prevent propagation or disclosure of a trade secret in extraordinary circumstances (18 U.S.C. § 1836(b)(2)).
• Whistleblower immunity: An individual who discloses a trade secret to a government official or attorney solely to report a suspected legal violation is immune from DTSA liability (18 U.S.C. § 1833(b)). Employers must include notice of this immunity in any confidentiality agreement signed or materially updated after May 11, 2016, or forfeit the right to seek DTSA exemplary damages and attorney fees.
• Three-year federal limitations period: The DTSA carries a three-year limitations period from discovery (18 U.S.C. § 1836(d)), which aligns with Nevada's state limitations period.

Protecting trade secrets in Nevada: practical steps

Reasonable secrecy measures are a definitional element of trade-secret status under the NUTSA, and Nevada courts assess whether a holder's protective efforts were proportionate to the value of the information. Steps recognized as supporting trade-secret status across UTSA jurisdictions include:

• Written non-disclosure and confidentiality agreements with employees, contractors, and business partners, updated after May 11, 2016, to include the DTSA whistleblower-immunity notice
• Password protection, encryption, and role-based digital access controls restricting sensitive files to personnel who need them
• Physical security measures for laboratories, data centers, or storage areas containing sensitive materials
• Consistent and systematic confidentiality labeling on documents, presentations, and prototypes
• Structured employee departure protocols covering device return, system-access revocation, and written reminders of continuing confidentiality obligations

Nevada gives that labeling step statutory weight. Under § 600A.032, the owner of a trade secret is presumed to make a reasonable effort to maintain secrecy if the word "Confidential" or "Private" or another indication of secrecy is placed in a reasonably noticeable manner on any medium or container that describes or includes any portion of the trade secret. The presumption may be rebutted only by clear and convincing evidence that the owner did not take reasonable efforts to maintain secrecy.

Nevada courts look for consistency: selective secrecy, where information is protected in some relationships but shared freely in others, can undermine the reasonable-efforts element and defeat trade-secret status.

This article presents general legal information as of 2026-06-25 and is not legal advice. Laws change, and individual circumstances vary. Consult a lawyer licensed in Nevada for guidance on your specific situation.

Related articles

• Trade Secret Laws by State
• Nebraska Trade Secret Laws
• New Hampshire Trade Secret Laws
• Is AI-generated code copyright infringement?

Last updated: 2026-06-25.

Frequently Asked Questions

What information qualifies as a trade secret under Nevada law?

Under Nev. Rev. Stat. § 600A.030, information qualifies if it derives independent economic value from not being generally known or readily ascertainable by those who could benefit from it, and if the holder has taken reasonable efforts to maintain its secrecy. Both prongs must be satisfied. Examples frequently recognized in UTSA jurisdictions include customer lists with proprietary data, manufacturing formulas, proprietary software, and pricing strategies, provided genuine and consistent secrecy measures exist.

How long does a Nevada trade secret owner have to file a lawsuit?

Nevada law provides a three-year limitations period under § 600A.080, measured from when the misappropriation was discovered or reasonably should have been discovered through the exercise of reasonable diligence. Claims filed after the three-year window are ordinarily time-barred. Because the discovery clock may start before the full extent of the misappropriation is known, consulting a Nevada attorney promptly when misappropriation is first suspected is advisable.

What remedies are available in a Nevada trade secret case?

Courts may grant injunctions and award actual loss plus unjust enrichment, or a reasonable royalty. For willful, wanton or reckless misappropriation or disregard of the trade-secret owner’s rights, the court may award exemplary damages up to twice the subsection (1) award under § 600A.050. Attorney fees may be granted in bad-faith cases or where willful and malicious misappropriation is established. Federal DTSA remedies, including ex parte seizure relief, are available concurrently.

Are NDAs required to protect trade secrets in Nevada?

NDAs are not required by the Nevada Uniform Trade Secrets Act, but they are an important protective tool. A written NDA helps establish the reasonable-efforts element of the trade-secret definition and may support both a contract claim and a NUTSA misappropriation claim if breached. Any NDA executed after May 11, 2016, should include the DTSA whistleblower-immunity notice to preserve access to federal exemplary damages and attorney fees.

Can a Nevada plaintiff bring both state and federal trade secret claims?

Yes. The federal DTSA does not preempt the Nevada Uniform Trade Secrets Act, so a claimant may plead both NUTSA and DTSA claims in the same lawsuit. The DTSA adds the option of ex parte seizure relief and a federal forum. Both statutes carry three-year limitations periods measured from discovery, and both authorize injunctions, actual damages or a reasonable royalty, and exemplary damages. Nevada’s exemplary-damages trigger is willful, wanton or reckless misappropriation or disregard of the trade-secret owner’s rights; the DTSA uses willful and malicious misappropriation.