In June 2020, the San Antonio Court of Appeals issued its opinion in Title Source, Inc. v. HouseCanary, Inc., No. 04-19-00044-CV, 2020 WL 2858866 (Tex. App.–San Antonio June 3, 2020, no pet. h.), reversing and remanding for new trial a $740 million judgment in favor of HouseCanary on its Texas Uniform Trade Secrets Act (TUTSA) and fraud claims against Title Source.
Continue Reading Crafting The Jury Charge in Trade Secrets Cases — Lessons from Title Source v. HouseCanary

Beginning with the Texas Supreme Court decisions in Lippincott v. Whisenhunt, 462 S.W.3d 507 (Tex. 2015) and ExxonMobil Pipeline Co. v. Coleman, 512 S.W.3d 895 (Tex. 2017) and continuing with the Austin Court of Appeals 2017 decision in Elite Auto Body LLC, d/b/a Precision Auto Body v. Autocraft Bodywerks, Inc., Texas courts had taken the position that Texas’s anti-SLAAP statute the Texas Citizens Participation Act (TCPA) had almost unlimited application to commercial litigation cases such as those involving misappropriation of trade secrets. Beginning in 2019, though, certain courts of appeal have begun to reject or limit those holdings.
Continue Reading Dallas Court of Appeals Continues its Efforts to Restrict the Application of the TCPA

In 2019, the Dallas Court of Appeals issued a decision in Goldberg v. EMR (USA Holdings) Inc., a complex opinion in evaluating the application of the previous version of the Texas Citizens Participation Act (TCPA) to trade secrets and other claims.  In 2020, the Court reissued that opinion with a more streamlined analysis.
Continue Reading Dallas Court of Appeals Issues Simplified Opinion in Goldberg Case

Our Brackett & Ellis colleague Jennifer Covington compiled the following helpful summary of the Department of Labor’s guidance to assist employers as they implement the new Families First Coronavirus Response Act (“FFCRA”) which goes into effect on April 1, 2020 and expires December 31, 2020.
Continue Reading Tips on Compliance with the Families First Coronavirus Response Act

Under trade secrets law, the inevitable disclosure doctrine is the idea that a defendant’s new employment will lead to the inevitable disclosure of a former employer’s trade secrets.  Texas courts have issued mixed holdings on the subject.  After the Texas Uniform Trade Secrets Act (TUTSA) was enacted in 2013, some speculated that its language permitting injunctive relief for “threatened misappropriation” was an implicit adoption of the inevitable disclosure doctrine.  In a recent decision, the Dallas Court of Appeals seemed to reject that speculation.
Continue Reading Dallas Court of Appeals Holds that the Inevitable Disclosure Doctrine Cannot Be Used to Create a Fact Issue on Misappropriation of Trade Secrets

Most cases that have evaluated the Texas Citizens Participation Act (TCPA) have focused on whether the TCPA applied to the claims.  This isn’t the issue in Neurodiagnostic Consultants, LLC v. v. Nallia, No. 03-18-00609-CV, 2019 WL 4231232 (Tex. App.—Austin Sept. 6, 2019, no pet. h.).  Instead, Nalia focuses on whether the non-movant offered sufficient proof to defeat a TCPA motion to dismiss.
Continue Reading Austin Court of Appeals Issues Opinion on the TCPA and Conspiracy

As discussed in previous posts, multiple Texas cases have held that Texas’s anti-SLAAP statute the Texas Citizens Participation Act (TCPA) applies in most commercial litigation cases. In a recent string of decisions, though, the Dallas Court of Appeals is attempting to restrict the application of the TCPA to commercial litigation cases.
Continue Reading Dallas Court of Appeals Denies Application of the TCPA to a Commercial Litigation Case

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.

On June 2, 2019, Governor Abbott signed a bill to change that.
Continue Reading Governor Abbott Signs Bills Amending the TCPA

If you have been following Texas cases on the Texas Uniform Trade Secrets Act (TUTSA), you know that a plaintiff that files a TUTSA claims will almost inevitably receive in response a motion to dismiss under Texas’s anti-SLAAP statute the Texas Citizens Participation Act (TCPA). This is what happened in Gaskamp v. WSP USA, Inc., No. 01-18-00079-CV, 2018 WL 6695810 (Tex. App.—Houston [1st Dist.] Dec. 20, 2018, no pet. h.), and Gaskamp provides some important reminders—for both plaintiffs and defendants—on how to handle that motion and the inevitable appeal.
Continue Reading How Not to Respond to an Anti-SLAAP Motion in a Trade Secrets Case