As previously mentioned in this blog, one of the biggest issues in trade secrets litigation in Texas is the application of the state’s anti-SLAAP statute the Texas Citizens Participation Act (TCPA) to claims under the Texas Uniform Trade Secret Act (TUTSA). Because of the broad language of the TCPA, defendants can file a TCPA motion to dismiss in almost any trade secrets case. Texas Representative Jeff Leach, however, has filed a bill to change that.
Representative Leach’s bill proposes to several new definitions under the TCPA to limit the TCPA’s application to cases where constitutional rights are being implicated. The bill also specifically exempts non-compete, non-disclosure, and non-disparagement cases from the TCPA. Finally, the bill provides a plaintiff the ability to non-suit its claim without consequence if a TCPA motion is filed.
You can read the full text of the bill here.