Wyoming Trade Secret Laws: UTSA, Remedies & Deadlines

Wyoming enacted the Wyoming Uniform Trade Secrets Act in 2006, codified at Wyo. Stat. §§ 40-24-101 to 40-24-110. Before 2006, Wyoming relied on common law to protect trade secrets. The Act follows the Uniform Trade Secrets Act framework, though its civil limitations period is four years from discovery, a year longer than the UTSA model.

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. This guide covers civil trade-secret protection in Wyoming under Wyo. Stat. §§ 40-24-101 to 40-24-110 and the federal DTSA; for other jurisdictions see the full Trade Secret Laws by State index.

Does Wyoming have a trade secret law?

Yes. Wyoming enacted the Wyoming Uniform Trade Secrets Act in 2006, codified at Wyo. Stat. §§ 40-24-101 to 40-24-110 (Wyoming Legislature, wyoleg.gov). Before 2006, Wyoming businesses could seek trade secret protection only through common law causes of action; the 2006 statute replaced that framework with a codified, UTSA-based civil remedy. The Act follows the Uniform Trade Secrets Act published by the Uniform Law Commission and establishes a civil cause of action for misappropriation of trade secrets. Wyoming's law displaces conflicting tort claims based on the same misappropriation (Wyo. Stat. § 40-24-107), but preserves contract remedies, criminal liability, and other civil claims not grounded in misappropriation. The federal Defend Trade Secrets Act (DTSA), 18 U.S.C. §§ 1836-1839 (2016), also applies when a trade secret relates to a product or service used in or intended for use in interstate or foreign commerce. Federal law does not preempt state trade secret law (18 U.S.C. § 1838), so Wyoming and DTSA claims may proceed together in a single action.

What counts as a trade secret and misappropriation in Wyoming?

Under Wyo. Stat. § 40-24-101, a trade secret is information, including a formula, pattern, compilation, program, device, method, technique, or process, that:

1. 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
2. Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Both elements must be satisfied. Courts examine whether the owner took concrete protective steps: non-disclosure agreements, restricted access, password protections, and written confidentiality policies all support the reasonable-measures prong. A business that freely shares a proprietary process within the organization without restriction will have difficulty satisfying this element even if the underlying information has real commercial value.

Misappropriation under Wyo. Stat. § 40-24-101 includes acquiring a trade secret while knowing or having reason to know it was acquired by improper means. It also covers disclosure or use without consent under the statutory conditions involving improper means, knowledge of confidentiality duties, or knowledge of accident or mistake before a material change of position.

Wyo. Stat. § 40-24-101 does not expressly name reverse engineering or independent development. Independent discovery without improper acquisition or use or breach of a confidentiality duty does not itself establish misappropriation.

Remedies and the limitations period in Wyoming

Limitations period: Wyo. Stat. § 40-24-106 sets a four-year civil limitations period, running from the date the misappropriation was discovered or, by the exercise of reasonable diligence, should have been discovered. This is a year longer than the three-year UTSA model. Continuing misappropriation is treated as a single claim, with the period beginning from the first act the owner discovered or should have discovered.

Injunctive relief: Under Wyo. Stat. § 40-24-102, courts may enjoin actual or threatened misappropriation. In exceptional circumstances, an injunction may condition future use on a reasonable royalty for no longer than the period for which use could have been prohibited. These circumstances include a material and prejudicial change of position before knowledge or reason to know of the misappropriation that makes a prohibitive injunction inequitable.

Damages: Wyo. Stat. § 40-24-103 allows actual loss and unjust enrichment not counted in that loss, or a reasonable royalty for unauthorized disclosure or use as an alternative to other measures. A material and prejudicial change of position before knowledge or reason to know of the misappropriation can make monetary recovery inequitable.

Exemplary damages: For willful and malicious misappropriation, the court may award additional exemplary damages up to twice the award under Wyo. Stat. § 40-24-103(a).

Attorney fees: The court may award reasonable attorney fees to the prevailing party for a misappropriation claim made in bad faith, a motion to terminate an injunction made or resisted in bad faith, or willful and malicious misappropriation (Wyo. Stat. § 40-24-104).

How the federal DTSA applies in Wyoming

The DTSA (18 U.S.C. §§ 1836-1839) took effect May 11, 2016, and provides a federal civil remedy when a Wyoming trade secret relates to a product or service used in or intended for use in interstate or foreign commerce. Because most commercial activity in Wyoming involves interstate commerce, DTSA claims are available in the vast majority of Wyoming trade secret disputes.

Key DTSA features that operate alongside Wyoming state law:

• Limitations period: The DTSA gives three years from discovery while Wyo. Stat. § 40-24-106 gives four, so a Wyoming state-law claim can remain timely for a year after the federal window closes.
• Ex parte seizure: The DTSA authorizes courts to order the seizure of property to prevent propagation of a trade secret without advance notice to the defendant in extraordinary circumstances (18 U.S.C. § 1836(b)(2)). Wyoming's statute contains no equivalent provision.
• Comparable remedies: DTSA remedies, including injunctions, damages, up to 2x exemplary for willful and malicious misappropriation, and attorney fees, parallel Wyoming's state remedies and apply under federal standards and procedures.
• Whistleblower immunity and notice: Under 18 U.S.C. § 1833(b), an individual may disclose a trade secret in confidence to a government official or attorney to report a suspected legal violation without civil or criminal liability. Employers must include written notice of this immunity in any confidentiality or employment agreement signed or updated after May 11, 2016. An employer who omits this notice cannot recover exemplary damages or attorney fees in a subsequent DTSA action against the person covered by that agreement.

Wyoming employers should review all post-2016 confidentiality agreements, NDAs, and employment contracts to confirm compliant DTSA whistleblower language is present in each document.

This is general legal information, not legal advice. It describes Wyoming trade-secret law under Wyo. Stat. §§ 40-24-101 to 40-24-110 and the federal DTSA as of 2026-06-25 and does not address your specific facts. Trade-secret disputes are highly fact-specific and deadlines are strict. Consult an attorney licensed in Wyoming before acting.

Related articles

• Trade Secret Laws by State
• West Virginia Trade Secret Laws
• Wisconsin Trade Secret Laws
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Last updated: 2026-06-25.

Frequently Asked Questions

What is Wyoming's limitations period for a trade secret claim?

Four years from the date the misappropriation was discovered or, by the exercise of reasonable diligence, should have been discovered (Wyo. Stat. § 40-24-106), a year longer than the UTSA norm. The federal DTSA provides a three-year period from discovery (18 U.S.C. § 1836(d)), so the Wyoming state claim can outlast the federal window.

What types of information qualify as trade secrets in Wyoming?

Under Wyo. Stat. § 40-24-101, any formula, pattern, compilation, program, device, method, technique, or process can qualify as a trade secret if it derives independent economic value from not being generally known or readily ascertainable and the owner takes reasonable steps to protect it. Customer lists, pricing models, manufacturing processes, source code, and proprietary business strategies are common candidates, each subject to the two-part test.

Can a Wyoming employer sue a former employee for misappropriating trade secrets?

Yes. If a former employee discloses or uses protectable Wyoming trade secrets in breach of a confidentiality agreement or other duty of confidentiality, the employer may bring a claim under Wyo. Stat. §§ 40-24-101 to 40-24-110. General skills, experience, and industry knowledge an employee develops during employment are not trade secrets. The distinction between protected information and general know-how is often contested and depends on the specific facts.

Is reverse engineering a trade secret legal in Wyoming?

Wyo. Stat. § 40-24-101 does not expressly name reverse engineering or independent development. Independent discovery without improper acquisition or use or breach of a confidentiality duty does not itself establish misappropriation.

What does the DTSA whistleblower-immunity notice require for Wyoming employers?

Under 18 U.S.C. § 1833(b)(3), any Wyoming employer who enters into or updates a confidentiality agreement, NDA, or employment agreement after May 11, 2016 must notify the individual that they may disclose a trade secret in confidence to a government official or attorney to report a suspected legal violation without civil or criminal liability. Omitting this notice forfeits the employer's right to seek exemplary damages and attorney fees in a DTSA action against that individual.