For years, it was not uncommon for misappropriation of trade secrets claims to be accompanied by a variety of other common law causes of action such as breach of fiduciary, fraud, and conspiracy. The Texas Uniform Trade Secrets Act (TUTSA), however, states that it “displaces conflicting tort, restitutionary, and other law of this state providing civil remedies for misappropriation of a trade secret.” Generally, this provision means that all common law or non-contractual claims based on “the alleged improper taking of trade secret and confidential business information” are preempted. Some cases, though, hold that TUTSA “does not preempt causes of action stemming from the misappropriation of confidential information that is not a trade secret.” The Eastern District of Texas explored this split in the case law in BKL Holdings, Inc. v. Globe Life Inc., No. 4:22-CV-00170, 2023 WL 2432012 (E.D. Tex. Mar. 9, 2023). Continue Reading Eastern District of Texas Explores TUTSA’s Preemption Provision
