From the blog

Adjacent Claims and Criminal Exposure

RCW 19.108.900(2)(b) preserves criminal liability for misappropriation. The Code Reviser's note to that section directs readers to RCW 9A.56.010(6) and RCW 9A.56.020, addressing theft of trade secrets under the state criminal code.

At the federal level, the Economic Espionage Act supplies the criminal counterparts: 18 U.S.C. § 1831 (economic espionage, requiring a foreign-government nexus) and § 1832 (theft of trade secrets). Criminal forfeiture is available under § 1834, and § 1837 addresses extraterritorial application.

Civil claims that frequently accompany a WUTSA count include breach of contract, breach of a confidential relationship (expressly not displaced under Boeing), replevin (not displaced under SEIU Healthcare), tortious interference, breach of fiduciary duty, and claims under the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030. Each of the tort theories must be assessed against the displacement analysis before it is pleaded.