commercial speech exception

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