Texas’s anti-SLAAP statute, the Texas Citizens Participation Act (TCPA), can apply to a variety of commercial litigation claims, including claims for misappropriation of trade secrets and breach of non-disclosure agreements (NDAs).  If the TCPA is invoked in a case and is found to apply, the plaintiff must respond with clear and specific evidence of the prima facie elements of its causes of action.  Recently, the Texas Supreme Court addressed what evidence would satisfy plaintiff’s burden to establish causation and damages.
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As previously mentioned in this blog, one of the biggest issues in trade secrets litigation in Texas is the application of the state’s anti-SLAAP statute the Texas Citizens Participation Act (TCPA) to claims under the Texas Uniform Trade Secret Act (TUTSA).  Because of the broad language of the TCPA, defendants can file a TCPA motion to dismiss in almost any trade secrets case.  Texas Representative Jeff Leach, however, has filed a bill to change that.  
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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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In my December 11, 2016 post, I explained how the Southern District of Texas rejected the argument that the receipt of trade secrets pursuant to a non-disclosure agreement (NDA) is not a defense to a Texas Uniform Trade Secrets Act claim.  The Western District of Texas, however, takes the opposite position in Education Management Services v. Cadero, No. SA-14-CA-587, 2014 WL 12586781, (W.D. Tex. Nov. 18, 2014), reconsideration denied, No. SA-14-CA-587, 2014 WL 12586782 (W.D. Tex. Dec. 23, 2014). 
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