reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-303.02 - Deceptive trade practice or unconscionable act; Attorney General; powers.

87-303.02.
Deceptive trade practice or unconscionable act; Attorney General; powers.
When the Attorney General has cause to believe that any person has engaged in or is engaging in any deceptive trade practice or unconscionable act listed in section 87-302 or 87-303.01, the Attorney General may:
(a) Require such person to file a statement or report in writing under oath or otherwise, on such forms as shall be prescribed by the Attorney General, as to all facts and circumstances concerning the sale, offer, or advertisement of property by such person, and such other data and information as the Attorney General deems necessary;
(b) Examine under oath any person in connection with the sale or advertisement of any property;
(c) Examine any property or sample thereof, record, book, document, account, or paper as the Attorney General deems necessary; or
(d) Pursuant to an order of any district court, impound any record, book, document, account, paper, or sample of property which is material to such practice and retain the same in his or her possession until the completion of all proceedings undertaken under the Uniform Deceptive Trade Practices Act.
Source
Laws 1974, LB 327, § 4;
Laws 2008, LB781, § 3;
Laws 2010, LB801, § 5.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-303.03 - Attorney General; additional powers.

87-303.03.
Attorney General; additional powers.
(1) The Attorney General, in addition to other powers conferred upon him or her by the Uniform Deceptive Trade Practices Act:
(a) May issue subpoenas to require the attendance of witnesses or the production of documents, administer oaths, conduct hearings in aid of any investigation or inquiry, and prescribe such forms and adopt and promulgate such rules as may be necessary to administer the act; and
(b) May issue a cease and desist order, with or without prior hearing, against any person engaged in activities in violation of the act, directing such person to cease and desist from such activity.
(2) Service of any notice or subpoena may be made in the manner prescribed by the rules of civil procedure.
Source
Laws 1974, LB 327, § 5;
Laws 2008, LB781, § 4;
Laws 2010, LB801, § 6.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-303.04 - Attorney General; order; failure or refusal to obey; court; powers.

87-303.04.
Attorney General; order; failure or refusal to obey; court; powers.
(1) If any person fails or refuses to obey any order of the Attorney General to file any statement or report, or to obey any subpoena issued by the Attorney General, pursuant to the Uniform Deceptive Trade Practices Act, the Attorney General may apply to any district court in this state for relief until such person obeys such order or subpoena or files such statement or report.
(2) The court, in its order, may:
(a) Grant injunctive relief restraining the sale or advertisement of any property by such person;
(b) Require the attendance of or the production of documents by such person, or both;
(c) Suspend or revoke any license, permit, or certificate issued pursuant to law to any such person, which may be used to further the alleged unlawful practice; or
(d) Grant such other or further relief as may be necessary to obtain compliance by such person.
Source
Laws 1974, LB 327, § 6;
Laws 2008, LB781, § 5.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-303.05 - Attorney General; temporary restraining order; civil action; written assurance of voluntary compliance; deceptive practice; burden of proof.

87-303.05.
Attorney General; temporary restraining order; civil action; written assurance of voluntary compliance; deceptive practice; burden of proof.
(1) Whenever the Attorney General has cause to believe that a person has engaged in or is engaging in any deceptive trade practice or unconscionable act listed in section 87-302 or 87-303.01, the Attorney General may apply for and obtain, in an action in any district court of this state, a temporary restraining order, or injunction, or both, pursuant to the rules of civil procedure, prohibiting such person from continuing such practices, or engaging therein, or doing any act in furtherance thereof. The court may make such orders or judgments as may be necessary to prevent the use or employment by such person of any such deceptive trade practice, or which may be necessary to restore to any other person any money or real or personal property which may have been acquired by means of any such practice.
(2) When the Attorney General has authority to institute a civil action or other proceeding pursuant to the Uniform Deceptive Trade Practices Act, in lieu thereof, the Attorney General may accept an assurance of discontinuance of any deceptive trade practice or unconscionable act listed in section 87-302 or 87-303.01. Such assurance may include a stipulation for the voluntary payment by the alleged violator of the costs of investigation by the Attorney General and of any amount or amounts necessary to restore to any person any money or real or personal property which may have been acquired by such alleged violator by means of any such practice. Proof by a preponderance of evidence of a violation of such assurance shall constitute prima facie evidence of a deceptive practice as listed in section 87-302 or 87-303.01 in any civil action or proceeding thereafter commenced by the Attorney General.
Source
Laws 1974, LB 327, § 7;
Laws 2008, LB781, § 6.
Annotations
Proceedings brought by the Attorney General under 87-303.05(1) are civil in nature. State ex rel. Douglas v. Ledwith, 204 Neb. 7, 281 N.W.2d 729 (1979).
The requirement in this section that the Attorney General must have cause to believe deceptive trade practices exist or have existed before he institutes an action is not an essential element of the action which must be proved at trial. State ex rel. Douglas v. Ledwith, 204 Neb. 7, 281 N.W.2d 729 (1979).
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-303.06 - Claims not barred.

87-303.06.
Claims not barred.
The Uniform Deceptive Trade Practices Act shall not bar any claim against any person who has acquired any money or real or personal property by means of any deceptive trade practice or unconscionable act listed in section 87-302 or 87-303.01.
Source
Laws 1974, LB 327, § 8;
Laws 2008, LB781, § 7.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-303.07 - Sale or lease agreement; unenforceable; when.

87-303.07.
Sale or lease agreement; unenforceable; when.
If a buyer or lessee is induced by a violation of section 87-302 or 87-303.01 to enter into a sale or lease, the agreement is unenforceable by the seller or lessor and the buyer or lessee, at his or her option, may rescind the agreement or retain the merchandise delivered and the benefit of any services performed without any obligation to pay for them.
Source
Laws 1974, LB 327, § 9;
Laws 2008, LB781, § 8.
Annotations
This section, which specifically lists buyers and lessees as those protected by its provisions, does not apply to guarantors. Lindsay Internat. Sales & Serv. v. Wegener, 301 Neb. 1, 917 N.W.2d 133 (2018).
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-303.08 - Violations; penalty.

87-303.08.
Violations; penalty.
Any person who violates the Uniform Deceptive Trade Practices Act shall be guilty of a Class II misdemeanor except as otherwise provided in the act.
Source
Laws 1974, LB 327, § 10;
Laws 1979, LB 257, § 7;
Laws 1988, LB 180, § 2;
Laws 1990, LB 656, § 22;
Laws 1993, LB 305, § 33.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-303.09 - Injunction, declaratory judgment, written assurance; violation; penalty.

87-303.09.
Injunction, declaratory judgment, written assurance; violation; penalty.
Any person who willfully violates the terms of an injunction or declaratory judgment of the court or the terms of a written assurance of voluntary compliance entered into pursuant to the Uniform Deceptive Trade Practices Act shall be guilty of a Class IV felony.
Source
Laws 1974, LB 327, § 11;
Laws 1990, LB 656, § 23.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-303.10 - Civil action; statute of limitations.

87-303.10.
Civil action; statute of limitations.
A civil action arising under the Uniform Deceptive Trade Practices Act may be brought only within four years from the date of the purchase of goods or services.
Source
Laws 1976, LB 820, § 2;
Laws 1990, LB 656, § 24.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-303.11 - Violations; civil penalty; recovery; procedure.

87-303.11.
Violations; civil penalty; recovery; procedure.
Any person who violates section 87-302 or 87-303.01 or who willfully violates the terms of an injunction or declaratory judgment of a district court or the terms of a written assurance of voluntary compliance entered into pursuant to the Uniform Deceptive Trade Practices Act shall be subject to a civil penalty of not more than two thousand dollars for each violation. The Attorney General, acting in the name of the state, may seek recovery of such civil penalties in a civil action. For purposes of this section, the district court which issues any injunction shall retain jurisdiction and the cause shall be continued while the Attorney General seeks the recovery of such civil penalties.
Source
Laws 1990, LB 656, § 25;
Laws 1993, LB 305, § 34.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-303.12 - Copy of pleadings, orders, judgments, and notices; provided to Attorney General; right to intervene.

87-303.12.
Copy of pleadings, orders, judgments, and notices; provided to Attorney General; right to intervene.
(1) A party filing a petition, counterclaim, cross-petition, or pleading in intervention alleging a violation under the Uniform Deceptive Trade Practices Act, within seven days following the date of filing such pleading, shall provide a copy to the Attorney General and, within seven days following entry of any final judgment in the action, shall provide a copy of the judgment to the Attorney General. This subsection does not apply to Small Claims Court actions, except as provided in subsection (2) of this section.
(2) A party appealing a Small Claims Court order or judgment to district court involving an issue raised under the act, within seven days of providing notice of the appeal, shall notify the Attorney General in writing and provide a copy of the pleading raising the issue and a copy of the Small Claims Court order or judgment.
(3) A party appealing an order or judgment involving an issue raised under the act, within seven days following the date such notice of appeal is filed with the court, shall notify the Attorney General in writing and provide a copy of the pleading raising the issue and a copy of the court order or judgment being appealed.
(4) Upon timely application to the court in which an action involving an issue raised under the act is pending, the Attorney General may intervene as a party at any time or may be heard at any time. The Attorney General's failure to intervene shall not preclude the Attorney General from bringing a separate enforcement action.
(5) All copies of pleadings, orders, judgments, and notices required by this section to be sent to the Attorney General shall be sent by certified mail unless the Attorney General has previously been provided such copies of the pleadings, orders, judgments, or notices in the same action by certified mail, in which case subsequent mailings may be made by regular mail. Failure to provide the required mailings to the Attorney General shall not be grounds for dismissal of an action under the act, but may be grounds for a subsequent action by the Attorney General to vacate or modify the judgment.
Source
Laws 2010, LB801, § 4.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-304 - Applicability of act.

87-304.
Applicability of act.
(a) The Uniform Deceptive Trade Practices Act does not apply to:
(1) Conduct in compliance with the orders or rules of, or a statute administered by, a federal, state, or local governmental agency;
(2) Publishers, broadcasters, printers, or other persons engaged in the dissemination of information or reproduction of printed or pictorial matters who publish, broadcast, or reproduce material without knowledge of its deceptive character; or
(3) Actions or appeals pending (a) on December 25, 1969, under the Uniform Deceptive Trade Practices Act as such act existed immediately prior to March 25, 1974, or (b) under such act as amended and sections 87-303.01 to 87-303.09 on March 25, 1974.
(b) Subdivisions (a)(2) and (a)(3) of section 87-302 do not apply to the use of a service mark, trademark, certification mark, collective mark, trade name, or other trade identification that was used and not abandoned before December 25, 1969, if the use was in good faith and is otherwise lawful except for the Uniform Deceptive Trade Practices Act.
(c) The Uniform Deceptive Trade Practices Act shall apply to deceptive trade practices conducted in whole or in part within the State of Nebraska against residents or nonresidents of this state. The act shall also apply to deceptive trade practices conducted outside of Nebraska against residents of this state if there is a direct connection to any deceptive trade practices conducted in whole or in part within this state.
Source
Laws 1969, c. 855, § 4, p. 3224;
Laws 1974, LB 327, § 12;
Laws 2008, LB781, § 9.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-305 - Act, how construed.

87-305.
Act, how construed.
The Uniform Deceptive Trade Practices Act shall be construed to effectuate its general purpose to make uniform the law of those states which enact it.
Source
Laws 1969, c. 855, § 5, p. 3224;
Laws 1974, LB 327, § 13;
Laws 2008, LB781, § 10.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-306 - Act, how cited.

87-306.
Act, how cited.
Sections 87-301 to 87-306 shall be known and may be cited as the Uniform Deceptive Trade Practices Act.
Source
Laws 1969, c. 855, § 6, p. 3224;
Laws 1974, LB 327, § 14;
Laws 1990, LB 656, § 26;
Laws 2010, LB801, § 7.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-401 - Legislative intent.

87-401.
Legislative intent.
The Legislature finds and declares that distribution and sales through franchise arrangements in the state vitally affect the general economy of the state, the public interest and public welfare. It is therefor necessary in the public interest to define the relationship and responsibilities of franchisors and franchisees in connection with franchise arrangements.
Source
Laws 1978, LB 202, § 1.
Annotations
Prior to the enactment of this and the following sections constituting the Nebraska Franchise Practices Act, the law of Nebraska generally was that any person might do or refuse to do business with whomsoever he desired; in no event was there a public policy then existing of requiring franchises to be terminated only upon the existence of good cause shown. McArtor v. Mobil Oil Corp., 212 Neb. 592, 324 N.W.2d 399 (1982).
The Nebraska Franchise Practices Act will not be applied retrospectively. McDonald's Corp. v. Markim, Inc., 209 Neb. 49, 306 N.W.2d 158 (1981).
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-402 - Terms, defined.

87-402.
Terms, defined.
For purposes of the Franchise Practices Act, unless the context otherwise requires:
(1) Franchise means (a) a written arrangement for a definite or indefinite period, in which a person grants to another person for a franchise fee a license to use a trade name, trademark, service mark, or related characteristics and in which there is a community of interest in the marketing of goods or services at wholesale or retail or by lease, agreement, or otherwise and (b) any arrangement, agreement, or contract, either expressed or implied, for the sale, distribution, or marketing of nonalcoholic beverages at wholesale, retail, or otherwise. Franchise shall not include any arrangement, agreement, or contract, either expressed or implied, for the sale, distribution, or marketing of petroleum products at wholesale, retail, or otherwise;
(2) Person means every natural person, firm, partnership, limited liability company, association, or corporation;
(3) Franchisor means a person who grants a franchise to another person;
(4) Franchisee means a person to whom a franchise is offered or granted;
(5) Franchise fee includes any payment made by the franchisee to the franchisor other than a payment for the purchase of goods or services, for a surety bond, for a surety deposit, or for security for payment of debts due;
(6) Sale, transfer, or assignment means any disposition of a franchise or any interest therein, with or without consideration, which shall include, but not be limited to, bequest, inheritance, gift, exchange, lease, or license;
(7) Place of business means a fixed geographical location at which the franchisee displays for sale and sells the franchisor's goods or offers for sale and sells the franchisor's services. Place of business shall not mean an office, a warehouse, a place of storage, a residence, or a vehicle;
(8) Good cause for terminating, canceling, or failure to renew a franchise is limited to failure by the franchisee to substantially comply with the requirements imposed upon him or her by the franchise; and
(9) Noncompete agreement means any agreement between a franchisor and a franchisee, a guarantor, or any person with a direct or indirect beneficial interest in the franchise that restricts the business activities in which such persons may engage during or after the term of the franchise. Noncompete agreement includes any stand-alone agreement or any covenant not to compete provision within a franchise agreement or ancillary agreement.
Source
Laws 1978, LB 202, § 2;
Laws 1989, LB 371, § 24;
Laws 1993, LB 121, § 559;
Laws 2016, LB942, § 2.
Annotations
Franchise agreements are not required to be written. Regnev, Inc. v. Shasta Beverages, 215 Neb. 230, 337 N.W.2d 783 (1983).
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-403 - Franchise; sections, applicable; when.

87-403.
Franchise; sections, applicable; when.
Sections 87-401 to 87-410 apply only to a franchise (1) the performance of which contemplates or requires the franchisee to establish or maintain a place of business within the State of Nebraska, (2) when gross sales of products or services between the franchisor and franchisee covered by such franchise shall have exceeded thirty-five thousand dollars for the twelve months next preceding the institution of suit pursuant to sections 87-401 to 87-410, and (3) when more than twenty percent of the franchisee's gross sales are intended to be or are derived from such franchise.
Source
Laws 1978, LB 202, § 3.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-405 - Franchisee; transfer, assign, or sell franchise or interest therein; notice; contents; franchisor; approval required.

87-405.
Franchisee; transfer, assign, or sell franchise or interest therein; notice; contents; franchisor; approval required.
It shall be a violation of sections 87-401 to 87-410 for any franchisee to transfer, assign or sell a franchise or interest therein to another person unless the franchisee shall first notify the franchisor of such intention by written notice by certified mail setting forth in the notice of intent the prospective transferee's name, address, statement of financial qualification and business experience during the previous five years. The franchisor shall within sixty days after receipt of such notice either approve in writing to the franchisee such sale to the proposed transferee, or by written notice advise the franchisee of the unacceptability of the proposed transferee setting forth material reasons relating to the character, financial ability or business experience of the proposed transferee. If the franchisor does not reply within the specified sixty days, his approval is deemed granted. No such transfer, assignment or sale shall be valid unless the transferee agrees in writing to comply with all the requirements of the franchise then in effect.
Source
Laws 1978, LB 202, § 5.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-406 - Prohibited practices; enumerated.

87-406.
Prohibited practices; enumerated.
It shall be a violation of sections 87-401 to 87-410 for any franchisor, directly or indirectly, through any officer, agent or employee, to engage in any of the following practices:
(1) To require a franchisee at the time of entering into a franchise arrangement to assent to a release, assignment, novation, waiver or estoppel which would relieve any person from liability imposed by sections 87-401 to 87-410;
(2) To prohibit directly or indirectly the right of free association among franchisees for any lawful purpose;
(3) To require or prohibit any change in management of any franchisee unless such requirement or prohibition of change shall be for good cause, which cause shall be stated in writing by the franchisor;
(4) To restrict the sale of any equity or debenture issue or the transfer of any securities of any franchisee or in any way prevent or attempt to prevent the transfer, sale, or issuance of shares of stock or debentures to employees, personnel of the franchisee, or heirs of the principal owner, as long as basic financial requirements of the franchisor are complied with and any such sale, transfer, or issuance does not have the effect of accomplishing a sale of the franchise;
(5) To impose unreasonable standards of performance upon a franchisee; and
(6) To provide any term or condition in any lease or other agreement ancillary or collateral to a franchise, which term or condition directly or indirectly violates sections 87-401 to 87-410.
Source
Laws 1978, LB 202, § 6.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-408 - Action by franchisee; defense.

87-408.
Action by franchisee; defense.
It shall be a defense for a franchisor, to any action brought under sections 87-401 to 87-410 by a franchisee, if it be shown that such franchisee has failed to substantially comply with requirements imposed by the franchise and other agreements ancillary or collateral thereto.
Source
Laws 1978, LB 202, § 8.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-409 - Franchisee; action to recover damages; injunction; costs.

87-409.
Franchisee; action to recover damages; injunction; costs.
Any franchisee may bring an action against its franchisor for violation of sections 87-401 to 87-410 to recover damages sustained by reason of any violation of sections 87-401 to 87-410 and, when appropriate, shall be entitled to injunctive relief. The prevailing party in any action brought pursuant to this section shall be entitled to the costs of the action including but not limited to reasonable attorney's fees.
Source
Laws 1978, LB 202, § 9.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-411 - Motor fuel franchises; death of franchisee; effect.

87-411.
Motor fuel franchises; death of franchisee; effect.
(1) Any franchise agreement relating to the distribution or retail sale of motor fuels and any agreement for the lease of real or personal property which is part of any such franchise agreement shall terminate upon the death of the franchisee. However, a one-year trial lease and franchise agreement shall be granted by such franchisor to the franchisee's designated and qualified successor in interest if:
(a) The franchisee has provided the franchisor with written notice of the designation of a qualified successor in interest at least six months prior to the death of the franchisee. Such notice shall be on a form prescribed by the franchisor and made available to the franchisee at the franchisee's request; and
(b) The franchisee has been a franchisee of the same franchisor with whom he or she has a valid franchise agreement at the time of his or her death for a period of at least five consecutive years prior to his or her death.
(2) For purposes of sections 87-411 to 87-414, successor in interest shall be restricted to a surviving spouse, adult child, brother, sister, or parent of the franchisee who, at the time of the franchisee's death, meets reasonable qualifications then being required of franchisees by the franchisor.
(3) Unless otherwise specifically provided in this section, actions to be performed by the franchisor or by the successor in interest under sections 87-411 to 87-414 shall be performed within a reasonable time.
Source
Laws 1985, LB 700, § 1;
Laws 1994, LB 1160, § 123;
Laws 1995, LB 182, § 67.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-412 - Designation of successor in interest; rights; notice of election to operate franchise.

87-412.
Designation of successor in interest; rights; notice of election to operate franchise.
A franchisee may designate one primary and one alternate successor in interest. The alternate, if one is designated, shall have no rights under sections 87-411 to 87-414 if the primary successor in interest exercises his or her rights under sections 87-411 to 87-414. If an alternate desires to assume and operate the franchise in the event the primary successor in interest fails to do so, the alternate shall give notice of such election within forty-five days after the death of the franchisee and shall comply with sections 87-411 to 87-414.
Source
Laws 1985, LB 700, § 2.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-413 - Successor in interest; trial lease and franchise agreement; procedure.

87-413.
Successor in interest; trial lease and franchise agreement; procedure.
(1) Upon meeting the reasonable qualifications referred to in section 87-411, the successor in interest shall be entitled to enter into a one-year trial lease and franchise agreement with the franchisor as provided by the Petroleum Marketing Practices Act, 15 U.S.C. 2801.
(2) The primary successor in interest shall have twenty-one days after the death of the franchisee to give written notice of an election to enter into the trial lease and franchise. The notification shall contain such information regarding business experience and credit worthiness as is reasonably required by the franchisor.
(3) If the successor in interest assumes the franchise, the successor in interest shall account to the heirs or estate of the deceased franchisee for the value of personal property of the franchisee located at or related to the franchise.
Source
Laws 1985, LB 700, § 3.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-502 - Terms, defined.

87-502.
Terms, defined.
As used in the Trade Secrets Act, unless the context otherwise requires:
(1) Improper means shall mean theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means;
(2) Misappropriation shall mean:
(a) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or
(b) Disclosure or use of a trade secret of another without express or implied consent by a person who:
(i) Used improper means to acquire knowledge of the trade secret;
(ii) At the time of the disclosure or use, knew or had reason to know that his or her knowledge of the trade secret was:
(A) Derived from or through a person who had utilized improper means to acquire it;
(B) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or
(C) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or
(iii) Before a material change of his or her position, knew or had reason to know that the information was a trade secret and that knowledge of it had been acquired by accident or mistake;
(3) Person shall mean a natural person, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity; and
(4) Trade secret shall mean information, including, but not limited to, a drawing, formula, pattern, compilation, program, device, method, technique, code, or process that:
(a) Derives independent economic value, actual or potential, from not being known to, and not being ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and
(b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
Source
Laws 1988, LB 337A, § 2;
Laws 1993, LB 121, § 560.
Annotations
Although Nebraska’s Trade Secrets Act is based on the Uniform Trade Secrets Act, Nebraska’s definition of a trade secret differs significantly from the uniform act. If an alleged trade secret is ascertainable at all by any means that are not “improper,” the would be secret is peremptorily excluded from coverage under Nebraska’s act. First Express Servs. Group v. Easter, 286 Neb. 912, 840 N.W.2d 465 (2013).
Under this section, a recipe can be considered a trade secret. Magistro v. J. Lou, Inc., 270 Neb. 438, 703 N.W.2d 887 (2005).
A customer list can be included in the definition of a trade secret under this section. Home Pride Foods v. Johnson, 262 Neb. 701, 634 N.W.2d 774 (2001).
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-503 - Misappropriation; injunction; royalty; affirmative acts.

87-503.
Misappropriation; injunction; royalty; affirmative acts.
(1) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.
(2) In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances shall include, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or having reason to know of the misappropriation that renders a prohibitive injunction inequitable.
(3) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
Source
Laws 1988, LB 337A, § 3.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-504 - Misappropriation; damages.

87-504.
Misappropriation; damages.
Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or having reason to know of the misappropriation renders a monetary recovery inequitable, a complainant shall be entitled to recover damages for misappropriation. Damages may include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret.
Source
Laws 1988, LB 337A, § 4.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-505 - Court proceedings; preserve secrecy.

87-505.
Court proceedings; preserve secrecy.
In an action under the Trade Secrets Act, the court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include, but not be limited to, granting protective orders in connection with discovery proceedings and ordering nondisclosure of the alleged trade secret by the parties' attorneys, witnesses, or experts. The disclosure or publication of a trade secret in a court proceeding or as a result thereof shall not constitute an abandonment of the secret.
Source
Laws 1988, LB 337A, § 5.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-506 - Statute of limitation.

87-506.
Statute of limitation.
An action for misappropriation shall be brought within four years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For purposes of this section, a continuing misappropriation shall constitute a single claim.
Source
Laws 1988, LB 337A, § 6.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-507 - Applicability of act.

87-507.
Applicability of act.
The Trade Secrets Act shall not apply to any misappropriation occurring prior to July 9, 1988. With respect to a continuing misappropriation that began prior to July 9, 1988, such act also shall not apply to the continuing misappropriation that occurs after such date.
Source
Laws 1988, LB 337A, § 7.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-602 - Terms, defined.

87-602.
Terms, defined.
For purposes of the Invention Development Services Disclosure Act:
(1) Contract for invention development services shall mean a contract by which an invention developer undertakes invention development services for a customer;
(2) Customer shall mean any person, firm, partnership, limited liability company, corporation, or other entity that enters into a contract for invention development services, except any firm, limited liability company, corporation, or other entity, other than a natural person, purchasing invention development services as an adjunct to the traditional commercial enterprises in which it engages as a livelihood;
(3) Invention shall mean a discovery, process, machine, design, formulation, product, concept, or idea, or any combination thereof, whether patentable or not;
(4) Invention developer shall mean any person, firm, partnership, limited liability company, or corporation and any agent, employee, officer, partner, member, or independent contractor thereof who offers to perform or performs for a customer any invention development services. Invention developer shall not include:
(a) Any department or agency of the federal, state, or local government;
(b) Any nonprofit, charitable, scientific, or educational organization described in section 170(b)(1)(A) of the Internal Revenue Code;
(c) Any attorney acting within the scope of the attorney's professional license;
(d) Any person duly registered before the United States Patent and Trademark Office acting within the scope of that person's professional license; or
(e) Any person, firm, limited liability company, corporation, association, or other entity that does not charge a fee for invention development services other than any payment made from a portion of the income received by a customer by virtue of such acts performed by such entity. For purposes of this subdivision, fee shall include any payment made by the customer to such entity including reimbursement for expenditures made or costs incurred by such entity; and
(5) Invention development services shall mean any act involved in the evaluation of an invention for commercial potential and the marketing, brokering, or promoting of such an invention done by or for an invention developer for the purpose of procuring a licensee or buyer for an intellectual property right in the invention.
Source
Laws 1991, LB 96, § 2;
Laws 1993, LB 121, § 561;
Laws 1995, LB 574, § 92.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-603 - Contract for invention development services; requirements; option to terminate.

87-603.
Contract for invention development services; requirements; option to terminate.
(1) Every contract for invention development services shall be in writing and shall be subject to the Invention Development Services Disclosure Act. A copy of the written contract shall be given to the customer at the time he or she signs the contract.
(2) If it is the invention developer's normal practice to seek more than one contract in connection with an invention or if the invention developer normally seeks to perform services in connection with an invention in more than one phase with the performance of each phase covered in one or more subsequent contracts, the invention developer shall so state in writing at the time the customer signs the first contract and shall supply to the customer such writing together with a written summary of the developer's normal terms, if any, of such subsequent contracts, including the approximate amount of the developer's normal fees or other consideration, if any, that may be required from the customer.
(3) Notwithstanding any contractual provision to the contrary, no payment for invention development services shall be required, made, or received until three business days after the date on which the customer receives a copy of the contract for invention development services signed by the invention developer and the customer. Delivery of a promissory note, check, bill of exchange, or negotiable instrument of any kind to the invention developer or to a third party for the benefit of the invention developer, irrespective of the date or dates appearing in such instrument, shall be deemed payment for the purpose of this section.
(4) The parties to a contract for invention development services shall have the option to terminate the contract until payment is made. The customer may exercise the option by refraining from making payment to the invention developer. The invention developer may exercise the option to terminate by giving to the customer a written notice of its exercise of the option, which written notice shall become effective upon receipt by the customer.
Source
Laws 1991, LB 96, § 3.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-604 - Contract for invention development services; cover sheet; contents; invention developer; duties.

87-604.
Contract for invention development services; cover sheet; contents; invention developer; duties.
(1) Every contract for invention development services shall have a conspicuous and legible cover sheet attached with the following notice printed thereon in boldface of at least ten-point type:
THIS CONTRACT BETWEEN YOU AND AN INVENTION DEVELOPER IS REGULATED BY THE INVENTION DEVELOPMENT SERVICES DISCLOSURE ACT. YOU ARE NOT PERMITTED OR REQUIRED TO MAKE ANY PAYMENTS UNDER THIS CONTRACT UNTIL THREE BUSINESS DAYS AFTER YOU SIGN THIS CONTRACT AND RECEIVE A COMPLETED COPY OF IT.
IF YOU ASSIGN EVEN A PARTIAL INTEREST IN THE IDEA OR INVENTION TO THE INVENTION DEVELOPER, THE INVENTION DEVELOPER MAY HAVE THE RIGHT TO SELL OR DISPOSE OF THE IDEA OR INVENTION WITHOUT YOUR CONSENT AND MAY NOT HAVE TO SHARE THE PROFITS WITH YOU.
THE TOTAL NUMBER OF CUSTOMERS WHO HAVE CONTRACTED WITH THE INVENTION DEVELOPER SINCE ..(date).. IS ............. . THE TOTAL NUMBER OF CUSTOMERS KNOWN BY THIS INVENTION DEVELOPER TO HAVE RECEIVED, BY VIRTUE OF THIS INVENTION DEVELOPER'S PERFORMANCE, AN AMOUNT OF MONEY IN EXCESS OF THE AMOUNT PAID BY THE CUSTOMER TO THIS INVENTION DEVELOPER IS .............. .
THIS CONTRACT DOES NOT PROVIDE ANY PATENT, COPYRIGHT, OR TRADEMARK PROTECTION FOR YOUR IDEA OR INVENTION. YOU ARE ENCOURAGED TO CONSULT WITH A QUALIFIED ATTORNEY BEFORE SIGNING THIS CONTRACT. BY PROCEEDING WITHOUT THE ADVICE OF A QUALIFIED ATTORNEY, YOU COULD LOSE ANY RIGHTS YOU MIGHT HAVE IN YOUR IDEA OR INVENTION.
(2) The invention developer shall complete the cover sheet with the proper information to be provided in the blanks. The invention developer shall insert in the first blank the date the invention developer began business or September 6, 1991, whichever is later. The numbers to be inserted in the last two blanks may be rounded to the nearest one hundred and do not need to include those who have contracted within the three immediately preceding calendar months or parts thereof. If the number to be inserted in the third blank is zero, it shall be so stated.
(3) The cover sheet shall only contain the information required by this section and the name, primary office address, and local office address of the invention developer.
Source
Laws 1991, LB 96, § 4.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-605 - Contract for invention development services; written report; contents.

87-605.
Contract for invention development services; written report; contents.
With respect to every contract for invention development services, the invention developer shall deliver to the customer at the address specified in the contract, at least at quarterly intervals throughout the term of the contract, a written report which identifies the contract and which includes:
(1) A full, clear, and concise description of the services performed up to the date of the report and of the services yet to be performed; and
(2) The name and address of each and every person, firm, or corporation to whom the subject matter of the contract has been disclosed, the reason for each and every disclosure, the nature of the disclosure, and copies of all responses received as a result of those disclosures.
Source
Laws 1991, LB 96, § 5.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-606 - Contract for invention development services; contents.

87-606.
Contract for invention development services; contents.
Every contract for invention development services shall set forth in boldface of at least ten-point type the following:
(1) The terms and conditions of payment and contract termination rights required by section 87-603;
(2) A full, clear, and concise description of the specific acts or services that the invention developer undertakes to perform for the customer. To the extent that the description of the specific acts or services affords discretion in the invention developer as to what specific acts or services will be performed, the invention developer shall be deemed a fiduciary;
(3) A statement as to whether the invention developer undertakes to construct, sell, or distribute one or more prototypes, models, or devices embodying the customer's invention;
(4) The name and principal place of business of the invention developer and the name and principal place of business of any parent, subsidiary, or affiliated company that may engage in performing any of the invention development services;
(5) If any oral or written representation of estimated or projected customer earnings is given by the invention developer, a statement of that estimation or projection and a description of the data upon which it is based;
(6) The name and address of the custodian of all records and correspondence pertaining to the invention development services and a statement that the invention developer is required to maintain all records and correspondence relating to performance of the invention development services for that customer for a period of not less than two years after expiration of the term of the contract for invention development services, which records and correspondence shall be made available to the customer or his or her representative for review and copying at the customer's reasonable expense on the invention developer's premises during normal business hours upon seven days' written notice; and
(7) A statement setting forth a time schedule for performance of the invention development services, including an estimated date by which performance of the invention development services is expected to be completed.
Source
Laws 1991, LB 96, § 6.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-607 - Contract for invention development services; voidable; when; civil action authorized; additional amount distributed to common schools; when; rebuttable presumption.

87-607.
Contract for invention development services; voidable; when; civil action authorized; additional amount distributed to common schools; when; rebuttable presumption.
(1) Any contract for invention development services which does not substantially comply with the Invention Development Services Disclosure Act shall be voidable at the option of the customer. Any contract for invention development services entered into in reliance upon any false, fraudulent, or misleading information, representation, notice, or advertisement of the invention developer shall be voidable at the option of the customer. Any waiver by the customer of any of the provisions of the act shall be deemed contrary to public policy and shall be void and unenforceable.
(2) Any customer who has been injured by a violation of the act by an invention developer, by any false or fraudulent statement, representation, or omission of material fact by an invention developer, or by failure of an invention developer to make all the disclosures required by the act may recover in a civil action against the invention developer, in addition to reasonable costs and attorney's fees, the amount of actual damages sustained by the customer.
(3) If a customer establishes a claim and secures judgment on such claim under subsection (2) of this section, an amount up to two times the judgment may be recovered from the invention developer, if ordered by the court. Any amount recovered pursuant to this subsection shall be placed in a fund to be distributed to the common schools of this state.
(4) A substantial violation of any provision of the act by an invention developer or the execution by the customer of a contract for invention development services in reliance on any such false or fraudulent statements, representations, or material omissions shall establish a rebuttable presumption of injury.
Source
Laws 1991, LB 96, § 7.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-608 - Attorney General; enforcement duties; civil penalty.

87-608.
Attorney General; enforcement duties; civil penalty.
(1) For purposes of enforcing the Invention Development Services Disclosure Act, the Attorney General may conduct investigations, hold hearings, and compel the attendance of witnesses and the production of accounts, books, and documents by the issuance of subpoenas.
(2) The Attorney General shall enforce the act and may recover a civil penalty not to exceed three thousand dollars for each violation of the act and seek equitable relief to restrain any violation.
Source
Laws 1991, LB 96, § 8.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-609 - Invention developer; bond; filings required; fees.

87-609.
Invention developer; bond; filings required; fees.
(1) Every invention developer rendering or offering to render invention development services in this state shall maintain a bond issued by a surety company holding a certificate of authority to transact business in this state, the principal sum of which shall not be less than twenty-five thousand dollars in the first or any subsequent year of operation. The invention developer shall file a copy of the bond with the Secretary of State prior to the time the invention developer first commences business in this state or within ninety days after September 6, 1991, whichever is later, and shall pay an initial filing fee of one hundred dollars. The invention developer shall file an annual statement that the bond is current and shall pay a filing fee of twenty-five dollars on or before July 1 of each year after the initial filing.
(2) The bond shall be in favor of the State of Nebraska for the benefit of any person who, after entering into a contract for invention development services with an invention developer, is injured by fraud, dishonesty, or failure to provide the services of the invention developer in performance of the contract. Any person claiming against the bond may maintain an action at law against the invention developer and the surety. The aggregate liability of the surety to all persons for all breaches of conditions of the bond shall not exceed the amount of the bond.
Source
Laws 1991, LB 96, § 9.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-702 - Legislative findings.

87-702.
Legislative findings.
The Legislature finds that the retail distribution and sales of agricultural and industrial equipment utilizing independent retail businesses operating under agreements with manufacturers, wholesalers, and distributors of such equipment vitally affect the general economy, public interests, and public welfare of the state and that it is necessary to regulate the business relationships between the independent dealers and the equipment manufacturers, wholesalers, and distributors.
Source
Laws 1991, LB 123, § 2.