Recently, the First District Court of Appeals, Houston affirmed a take-nothing judgment against all parties. Malone v. PLH Group, Inc., 01-19-00016-CV, 2020 WL 1680058, at *1 (Tex. App.—Houston [1st Dist.] Apr. 7, 2020, pet. denied). The defendant in Malone Power Line Services, Inc. (PLS) constructed electrical transmission lines, built distribution systems, and provided construction services. The plaintiff Thomas Malone (Malone) entered into a three-year employment agreement with PLS in 2014 to serve as its Vice President of Operations. The employment agreement prohibited Malone from competing against PLS, soliciting PLS’s employees, and disclosing confidential information through restrictive covenants.
Continue Reading Proving the Element of “Use” for a Trade Secrets Claim Requires Either Harm to the Defendant or Enrichment of the Plaintiff