If you have been reading this blog, you know that I have frequently commented on the use of Texas’s anti-SLAPP statute the Texas Citizens Participation Act (TCPA) to defeat a Texas Uniform Trade Secrets Act (TUTSA) claim. Most of the early cases involved defendants using the TCPA to dismiss a plaintiff’s TUTSA claim. Universal Plant Services, Inc. v. Dresser-Rand Group, Inc., No. 01-17-00555-CV, 2018 WL 6695813 (Tex. App.—Houston [1st Dist.] Dec. 20, 2018, no pet.) involves a plaintiff overcoming defendants’ TCPA motions.
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The Eastern District of Virginia has issued multiple opinions addressing the Texas Uniform Trade Secret (TUTSA) in Steves & Sons, Inc. v. JELD-WEN, Inc., No. 3:16CV545, 2018 WL 6272893 (E.D. Va. Nov. 30, 2018). Its latest opinion addressed whether plaintiff was entitled to both reasonable royalty damages and a permanent injunction following trial. Defendant argued that allowing both would constitute an impermissible double recovery. Surprisingly, the Court agreed.

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TexasBarCLE‘s 32nd Annual Advanced Intellectual Property Law seminar is February 27-March 1, 2019.  There are three great days of CLE:

I will be presenting on the 2018 Trade Secrets Update on day 2. 
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In Steves & Sons, Inc. v. JELD-WEN, Inc., No. 3:16-CV-545, 2018 WL 2172502 (E.D. Va. May 10, 2018), the Eastern District of Virginia provides an in-depth look at unjust enrichment and reasonable royalty damages under both the Defend Trade Secrets Act (DTSA) and the Texas Uniform Trade Secrets Act (TUTSA).
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In Thoroughbred Ventures, LLC v. Disman, No. 4:18-CV-00318, 2018 WL 3752852 (E.D. Tex. Aug. 8, 2018), plaintiff Thoroughbred Ventures sued its former manager Disman, alleging that Disman breached his employment agreement, which provided that all client contact and background information belonged to Thoroughbred and constituted “Confidential Information” and a trade secret of Thoroughbred.
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On Friday, May 19, 2017, Texas Governor Greg Abbott signed House Bill 1995, which make several amendments to the Texas Uniform Trade Secret Act (TUTSA).  House Bill 1995 amends TUTSA to make some of its provisions coextensive with DTSA in order to eliminate confusion and to avoid possible forum shopping between state and federal courts.   The amendment also codifies the holding in In re M-I, L.L.C.  TUTSA, as amended, is now the most modern and comprehensive law on trade secrets in the nation. 
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If you have been following my blog, you know that the Texas Legislature is considering proposed legislation to amend the Texas Uniform Trade Secret Act (TUTSA).  One of the purposes of these amendments is to conform parts of TUTSA to the Defend Trade Secrets Act (DTSA), a new law that creates a federal civil cause of action for misappropriation of trade secrets.  The proposed new definition of “trade secret” under TUTSA is a great example of the effort to merge the two laws.  The new TUTSA definition incorporates several of the illustrative examples of trade secret contained in DTSA.  The new or changed language is italicized:
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On February 16, 2017, Texas State Representative Gary Elkins filed H.B. 1995 to amend the Texas Uniform Trade Secrets Act (TUTSA). The bill is the product of months of study completed by a Working Group consisting of members of the Trade Secrets Committee of the Intellectual Property Section of the State Bar of Texas and the Business Law Section of the State Bar of Texas. As a result of that study, the Working Group (of which I was a member) determined that there were four key concerns with TUTSA that needed to be addressed:
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In May 2016, the federal government enacted the Defend Trade Secrets Act (DTSA), which provides federal civil cause of action for trade secrets misappropriation.  It is similar to the state-based Uniform Trade Secret Act.  One important difference, though, is the DTSA’s notice provision for non-disclosure agreements (NDAs).  With the enactment of DTSA, all NDAs entered into or amended after May 11, 2016 are expected to provide notice of certain trade secret disclosure immunities to employees, contractors, or consultants. 
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