In one of my earlier blog posts, I explained the how Texas’s anti-SLAAP statute, the Texas Citizens Participation Act (TCPA), is used as a defense to a misappropriation of trade secrets claim. Craig v. Tejas Promotions, LLC, No. 03-16-00611-CV, 2018 WL 2050213 (Tex. App.—Austin May 3, 2018, no pet. h.) provides another example of this defense. Continue Reading The TCPA Strikes Again

On May 5, 2017, the Austin Court of Appeals issued a first of its kind opinion holding that Texas Citizens Participation Act (TCPA)—also known as the Texas anti-SLAPP statute—can potentially be invoked to successfully defend against Texas Uniform Trade Secrets Act (TUTSA) claims.  In Elite Auto Body LLC, d/b/a Precision Auto Body v. Autocraft Bodywerks, Inc., No. 03-15-00064-CV, 2017 WL 1833495 (Tex. App.—Austin May 5, 2017, no pet. h.), plaintiff Autocraft Bodywerks sued Precision (Elite) Auto Body and several former Autocraft employees alleging that the employees provided Precision with Autocraft’s trade secrets.  In particular, Autocraft alleged: Continue Reading New Case States that Texas’s Right of Association Trumps the Texas Uniform Trade Secrets Act