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May 1, 2019Zach Wolfe, Paul T. Freeman
Trade Secrets 101: What Texas Businesses and Their Lawyers Need to Know
First, if a business wants to preserve the ability to sue for misappropriation of tradesecrets, it needs to take “reasonable measures” to maintain the confidentiality of the informationthat constitutes the alleged trade secrets. This is only what businesses need to do from a legal perspective. There are many otherpractical things businesses can do, but that’s more a topic for security experts than legal experts
November 1, 2013Texas Journal of Business Law
Volume 45, Issue 3 of the Texas Journal of Business Law
This is the entire issue in a single PDF document.
November 7, 2019Elisaveta Dolghih
Trade Secrets and Non-Competes: A Texas Sized Problem
The paper provides an overview of the Texas Uniform Trade Secret Act ("TUTSA") for non-specialists, recent legislative amendments to TUTSA, pattern jury charges for trade secret litigation, TUTSA business forms and other recent developments in trade secret law. The author also includes an employee termination return of property checklist, an employee handbook provision relating to confidentiality and trade secrets, a template termination letter and a template non-competition, non-solicitation and non-competition agreement.
March 15, 2018Zach Wolfe
Trade Secrets 101: What Texas Business Owners and Their Lawyers Need to Know
If a business wants to preserve the ability to sue for misappropriation of trade secrets, it needs to take “reasonable measures” to maintain the confidentiality of the information that constitutes the alleged trade secrets. This is only what businesses need to do from a legal perspective. There are many other practical things businesses can do, but that’s more a topic for security experts than legal experts.
November 18, 2016Joseph F. Cleveland Jr., Jared D. Wilkinson
Protecting Your Client's Information And Customer Relationships: The Intersection Of Non-Competes, Trade Secrets, And Employee Confidentiality Agreements
Although a variety of steps can be taken to protect trade secrets, the primary objectives of a trade secret program is to (1) identify the company’s valuable trade secrets and (2) prevent their public disclosure by making reasonable efforts under the circumstances to maintain their secrecy. Each company has its own unique needs and requirements. Thus, whatever trade secret program is adopted and implemented must be tailored and should complement the company’s existing methods of operation, employment structure, and third party relationships.
March 13, 2015Joseph F. Cleveland Jr.
Trade Secrets
Broadly speaking, a trade secret is any information that provides a company a competitive edge and is not publicly known. But to be entitled to these protections, a company must undertake some effort to maintain the secrecy of its trade secrets. In other words, it must keep its trade secrets “secret.” Unlike a patent or a copyright, trade secret protection can last forever. But it is a very unforgiving form of protection. It can be easily lost by disclosing the secret publically. Therefore, from the moment a trade secret is created, the owner must guard the secrecy of that secret 24 hours a day, 365 days a year. So how does a company maintain the secrecy of its trade secrets without simply locking the secret up and throwing away the key? Here are some reasonable and relatively simple steps that a company can take to protect its trade secrets under the new Texas Uniform Trade Secrets Act (“TUTSA”), Tex. Civ. Prac. & Rem. Code §134A.002 et seq. (2013).