pkeating.com - Patrick Keating – Texas Trade Secrets

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Texas Trade Secrets

Many defendants facing a theft of trade secrets claim in Texas are about to lose one of the tools in their toolbox.  Over the last two years, it has become an increasingly common defense strategy at the outset of a case to file a motion to dismiss under the Texas Citizens Participation Act (the “TCPA”). 

Five years ago (my how time flies), I wrote about a risk facing those who seek to protect their trade secrets by use of a non-disclosure agreement (“NDA”). Several people asked me whether the passage of time brought new Texas case law or statutes that solved this problem. The answer is no.