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Heath Coffman

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Heath Coffman is a shareholder at Brackett & Ellis, P.C. in Fort Worth, Texas.  His practice includes commercial litigation, intellectual property, collections, professional malpractice defense, fiduciary litigation, and appeals.  You can contact him directly at hcoffman@belaw.com.

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The case of Forum Energy Technologies, Inc. v. Jason Oil & Gas Equipment, LLC, No. H-20-3768, 2022 WL 1103078 (S.D. Tex. April 13, 2022) considered whether the Texas Uniform Trade Secrets Act (TUTSA) preempted Forum Energy’s claims for unfair competition, conspiracy, and/or tortious interference with prospective business relations.  Ultimately, the court determined that only Forum Energy’s tortious interference with prospective business relations was preempted.  In reaching this conclusion, the court determined that the underlying facts of Forum Energy’s tortious interference with prospective business relations claim was based on the same underlying facts as its TUTSA claim.  However, in determining that TUTSA did not preempt Forum Energy’s other claims, the court relied on the fact that Forum Energy alleged that Jason Oil misappropriated confidential information and not trade secret information.…

Continue Reading Southern District of Texas Addresses the Issue of Preemption Under TUTSA

The case of Bureau Veritas Commodities and Trade, Inc. v. Cotecna Inspection SA, No. 4:21-CV-00622, 2022 WL 912781 (S.D. Tex. 2022) dealt with the application of Federal Rule of Civil Procedure 12(b)(6) to claims under the Defend Trade Secrets Act (DTSA) and the Texas Uniform Trade Secrets Act (TUTSA).  Ultimately, the Southern District of Texas determined that the Plaintiff successfully plead a claim under DTSA and TUTSA.  In reaching this conclusion, the court determined that the Plaintiff was not required to plead detailed descriptions of its trade secret in a public complaint, especially without a court order in place. …

Continue Reading Southern District of Texas Explains Pleading Requirement for Trade Secrets Cases

As noted on this blog, litigation under the Texas Uniform Trade Secrets Act (TUTSA) often involves sealing court records according to the procedures of Texas Rule of Civil Procedure 76a. Currently, the Texas Legislature is considering a bill to streamline the sealing process for trade secret litigants. In last fall’s issue of the The Advocate, Brackett & Ellis‘s Joe Cleveland and Dillon Minick explained why this change is needed. …

Continue Reading Brackett & Ellis Attorneys Publish Article Regarding the Problems with Texas’s Procedure for Sealing Court Records

In the case of Scientific Machine & Welding, Inc. v. Rose, No. 03-20-00564-CV, 2022 WL 850409 (Tex. App.—Austin Mar. 23, 2022, no pet.), the Texas Court of Appeals determined (1) if the steps taken by the plaintiff amounted to a “reasonable measure” of keeping the relative information a trade secret, (2) whether Scientific came forth with legally sufficient evidence to support claims of breach of fiduciary duty and breach of contract, (3), whether Scientific’s claim of a “breach of implied contract of confidentiality” existed under Texas Law.   …

Continue Reading Texas Court of Appeal Evaluates What Actions Constitute “Reasonable Measures” to Keep a Trade Secret

To eliminate confusion or potential exploitation by competitors, savvy business owners use trademark law to protect their business’s brand and the public’s perception and good will associated with that brand. In this post, we will discuss what it means to choose a “good” business name to achieve the highest level of trademark protection. …

Continue Reading Choosing a (Good) Business Name

The case of Pittsburgh Logistics Sys., Inc. v. Barricks, No. :20-CV-04282, 2022 WL 705870 (S.D. Tex. 2022), dealt with determining whether a customer list was a trade secret under the Defend Trade Secrets Act (DTSA) and the Texas Uniform Trade Secret Act (TUTSA).  Additionally, this case dealt with determining whether Pittsburgh Logistics Systems’s (PLS) claims for unfair competition, tortious interference with prospective business, and breach of fiduciary duty were preempted by TUTSA.  Ultimately, the court determined that a factual issue existed as to whether PLS’s customer list was a trade secret.  Moreover, the court determined that the TUTSA preempted PLS’s claims for unfair competition, tortious interference with prospective business, and breach of fiduciary duty.…

Continue Reading Southern District of Texas Holds that There is a Fact Issue on Whether a Customer List is a Trade Secret

The case of Six Dimensions, Inc. v. Perficient, Inc., 969 F.3d 219 (5th Cir. 2020), dealt with the application of non-compete provisions in employee contracts after certain employees left to work for a competitor. Ultimately, on the trade secrets issue, the Fifth Circuit determined that the plaintiff Six Dimensions failed to provide evidence that the defendant Perficient acquired the trade secrets within the meaning of the Texas Uniform Trade Secrets Act (TUTSA). Therefore, the Court affirmed the decision of the District Court not to grant a new trial on this issue.
Continue Reading Fifth Circuit Holds that Employee’s Possession of Trade Secrets Does Not Establish that the New Employer Acquired Trade Secrets

The case of Recif Res., LLC v. Juniper Capital Advisors, L.P., No. CV H-19-2953, 2020 WL 6748049 (S.D. Tex. Nov. 17, 2020), arose out of failed discussions between potential investors in an oil and gas development project. Ultimately, the Court concluded that the plaintiff Recif Resources, LLC (Recif) failed to present evidence showing that its alleged trade secrets had economic value or that the defendants, collectively called Juniper, used those trade secrets.
Continue Reading Failure to Prove Independent Economic Value in Oil & Gas Trade Secrets Case