Wyoming
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, and the civil limitations period is three years from discovery.
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:
- 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
- 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 means: (a) acquisition of a trade secret by someone who knows or has reason to know it was obtained through improper means; or (b) disclosure or use without consent by someone who acquired it through improper means, breached a duty of confidentiality, or derived it from a person who did so.
Reverse engineering and independent development are proper means under Wyoming law and do not constitute misappropriation. A competitor who independently arrives at the same formula or method without using the owner's protected information has not violated the Wyoming Uniform Trade Secrets Act.
Remedies and the limitations period in Wyoming
Limitations period: Wyo. Stat. § 40-24-106 sets a three-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 consistent with the 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 issue an injunction to prevent actual or threatened misappropriation. Where an injunction would be unreasonable because of a disproportionate hardship or an overriding public interest, a court may instead impose a reasonable royalty for a defined period of permitted continued use.
Damages: Wyo. Stat. § 40-24-103 allows recovery of actual loss caused by the misappropriation plus any unjust enrichment not included in the actual-loss award. If neither can be established, the court may award a reasonable royalty.
Exemplary damages: For willful and malicious misappropriation, Wyoming courts may award exemplary damages in an amount not exceeding twice the compensatory damages (Wyo. Stat. § 40-24-103).
Attorney fees: The court may award reasonable attorney fees to the prevailing party if a claim or defense is made in bad faith or if willful and malicious misappropriation is established (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: Both the DTSA and Wyo. Stat. § 40-24-106 provide three-year limitations periods from discovery. The windows run concurrently, so there is no gap between the state and federal periods.
- 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
- Is AI-generated code copyright infringement?
Last updated: 2026-06-25.
Frequently Asked Questions
What is Wyoming's limitations period for a trade secret claim?
Three years from the date the misappropriation was discovered or, by the exercise of reasonable diligence, should have been discovered (Wyo. Stat. § 40-24-106). The federal DTSA provides the same three-year period from discovery (18 U.S.C. § 1836(d)), so both periods run concurrently in most cases.
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?
Yes. Wyoming law recognizes reverse engineering as a proper means of acquiring information (Wyo. Stat. § 40-24-101), so it does not constitute misappropriation. A competitor who analyzes a lawfully obtained product to understand how it works has not violated the Wyoming Uniform Trade Secrets Act. Independent development of equivalent information is also lawful.
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.
Sources and References
- Wyoming Uniform Trade Secrets Act, Wyo. Stat. §§ 40-24-101 to 40-24-110(wyoleg.gov).gov
- Defend Trade Secrets Act, 18 U.S.C. §§ 1836-1839(law.cornell.edu)
- Uniform Trade Secrets Act (Uniform Law Commission)(uniformlaws.org)
- Economic Espionage Act, 18 U.S.C. §§ 1831-1832(law.cornell.edu)