The Texas Uniform Trade Secrets Act

Texas-Uniform-Trade-Secrets-Act In 2013, the state of Texas enacted the Texas Uniform Trade Secrets Act (TUTSA). The Texas Uniform Trade Secrets Act is similar to many other trade secrets statutes in different states across the U.S., but it is nonetheless important to understand a few key matters under the statutory law:

What is a Trade Secret Under Texas Law?

Under the TUTSA, a trade secret is defined as “information, including a formula, pattern compilation, program, device, method, technique, process, financial data, or list of actual or potential customers or suppliers that:

To break down this language a bit, the key elements of a trade secret are that it is not generally known or readily ascertainable by people who could profit from it, and reasonable efforts have been taken to maintain its secrecy.

Misappropriation of a Trade Secret: What is in a Lawsuit?

In order to file a claim for the misappropriation of a trade secret, you first must own a trade secret as it is defined under the TUTSA (and discussed above), and then you must be able to show that another party misappropriated it. There are two primary ways in which the TUTSA says that a trade secret can be misappropriated:

  1. When it is acquired by someone who knows (or should know) it was acquired improperly; or
  2. When someone properly has access to the trade secret but improperly discloses it.

Generally speaking, any of the following circumstances could be misappropriation of a trade secret under the TUTSA:

Remedies for Trade Secret Misappropriation

What kinds of remedies are available in a trade secret misappropriation case? The TUTSA allows for the following remedies:

Contact a Texas Trade Secret Lawyer

If you have questions about filing a claim under the Texas Uniform Trade Secrets Act, an experienced Texas trade secret lawyer can assist you. Contact Lindquist Wood Edwards LLP today.

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