TRADE SECRETS 101: What Texas Businesses and Their Lawyers Need to Know

Trade secrets law touches many areas of law practice. This updated article covers the basics of federal and Texas trade secrets law, focusing on the key questions that come up in trade secrets litigation: 1. Is the information at issue a “trade secret”? 2. Did the defendant “misappropriate” the information? 3. Did the plaintiff take “reasonable measures” to keep the information secret? 4. Can the plaintiff prove causation and damages? 5. Is the plaintiff entitled to an injunction? 6. Can the defendant move to dismiss under the TCPA? 7. Is the plaintiff entitled to recover punitive damages and/or attorneys’ fees? We also include practical tips on protection of trade secrets for Texas businesses and the lawyers who represent them.