One Sixty Over Ninety, LLC v. Board of Regents of the University System of Georgia

Hodges, Judge.

*133 In these interrelated appeals arising from a procurement, we must decide whether a claim under the Georgia Trade Secrets Act of 1990 ( OCGA § 10-1-760 et seq. ) is available against a state entity under either that statute or the Georgia Tort Claims Act ( OCGA § 50-21-20 et seq. ) or whether such a claim is barred by sovereign immunity. If a claim is allowed, we must then decide if One Sixty Over Ninety, LLC's ("One Sixty") claim can survive a motion to dismiss filed by the Board of Regents of the University System of Georgia (the "Board"). See OCGA § 9-11-12 (b) (6).

One Sixty…