Recently, trade secrets lawyer Patrick J. Huston sent me a copy of his new work The Law of Trade Secrets Under the Uniform Trade Secret Act. I appreciated receiving this work, which is a comprehensive overview of trade secrets law under the Uniform Trade Secrets Act. Continue Reading The Law of Trade Secrets Under the Uniform Trade Secrets Act
While fans of the country music band Lady Antebellum have long abbreviated the band’s name for convenience, the band announced on June 11, 2020 that it would be officially changing its name to “Lady A.” Merriam Webster defines “antebellum” as “existing before a war, especially existing before the American Civil War.” And while the band’s motivations for the name change seem pure, the name change itself created ripples in the trademark and entertainment world that should have been anticipated and could have been avoided.
Continue Reading Ladies A– Lessons Learned from “A” Name Change
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
In 2018, the First Court of Appeals issued its opinion in Gaskamp v. WSP USA, Inc., No. 01-18-00079-CV, 2018 WL 6695810 (Tex. App.—Houston [1st Dist.] Dec. 20, 2018, no pet.), which involves the application of Texas’s anti-SLAPP statute the Texas Citizen Participation Act (TCPA) to a trade secrets case. The Court’s opinion determined that the TCPA applied to such claims and reversed the trial court’s decision in part. Recently, though, the Court reconsidered its opinion en banc and determined that the TCPA did not apply to the claims. Gaskamp v. WSP USA, Inc., No. 01-18-00079-CV, 2020 WL 826729 (Tex. App.–Houston [1st Dist.] Feb. 20, 2020, no pet. h.). Continue Reading Houston’s First Court of Appeals Reverses Itself on the Application of the TCPA to Trade Secret Claims
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
In EJ Madison, LLC v. Pro-Tech Diesel, Inc., No. 08-17-00229-CV, 2019 WL 6242301, at *1 (Tex. App.–El Paso Nov. 22, 2019, no pet. h.), plaintiff Madison operated a trucking company and defendant Pro-Tech provided maintenance services to the trucks. The parties entered into a non-disclosure agreement so they could work together on diesel-to-natural gas conversion kits for the trucks. Additionally, Pro-Tech continued to provide general maintenance work for the trucks. Continue Reading El Paso Court of Appeals Affirms Dismissal of Trade Secrets Case
One of the open questions for the Texas Citizens Participation Act (TCPA) was whether it applied in federal diversity cases. Last August, the Fifth Circuit finally answered that question in Klocke v. Watson, 936 F.3d 240 (5th Cir. 2019). Continue Reading Fifth Circuit Holds that the TCPA Does Not Apply to Federal Diversity Cases
Morrison v. Profanchik, No. 05-17-01281-CV, 2019 WL 3798182 (Tex. App.–Dallas Aug. 13, 2019), supplemented, No. 05-17-01281-CV, 2019 WL 5112268 (Tex. App.–Dallas Oct. 10, 2019) is a case involving the summary judgment dismissal of counterclaims for breach of non-disclosure/non-compete agreement and misappropriation of trade secrets. In Morrison, plaintiff Profanchik approached Stonecoat of Texas about purchasing one of its franchises. The parties entered into a nondisclosure/noncompete agreement with the understanding that the competitor would be divulging confidential and trade secret information as part of the due diligence process. Profanchik, however, later walked away from the deal, started a competing limestone veneer company, and sued Stonecoat and its owners for tort causes of action arising from the parties’ negotiations. Continue Reading Failure to Specify How Trade Secrets Are Allegedly Being Used Results in Summary Judgment Dismissal of Claims