Law360 Guest Article: Injunctive Relief Over Trade Secrets Now Easier in Texas


An employee leaves his job to work for a competitor. The former employer has no evidence that the employee has misappropriated its trade secrets, but the former employee cannot likely perform his new job duties without using his former employer’s trade secrets. Does the former employer have any remedies? Can the former employer prevent the employee from working for a competitor, even if the employee never signed a noncompetition agreement?

With the recent passage of the Texas Uniform Trade Secret Act (“TUTSA”), the answers under Texas law may be more likely “yes.” Texas adopted TUTSA early in 2013, and the law came into effect on Sept. 1, 2013. This new law likely codifies the so-called "inevitable disclosure" doctrine, which allows employers to obtain injunctive relief in circumstances like the one described above.

Excerpted from Law360, Februray 20, 2014. To view full article, click here (subscription required).

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