This Law Firm Publication by Jackson Lewis P.C. discusses the Utah Supreme Court's recent decision in InnoSys v. Mercer. In a 3-2 decision, the court held that there is a misappropriation of trade secrets when a former employee discloses confidential information or trade secrets by emailing them to her Gmail account and disclosing them in an unemployment proceeding, and unlawfully acquires a business plan by downloading it. In light of the misappropriation, there is a presumption of harm under the Utah Uniform Trade Secrets Act (Utah Code § 13-24-1) and breach of a non-disclosure agreement.