David Harper in the Texas Lawbook: 10 Months In, New Trade Secret Law is ‘Important Development’


On Sept. 1 of last year, a new law went into effect that is expected to give Texas businesses a more predictable avenue for pursuing anybody who might have swiped their trade secrets.

But while a much-ballyhooed surge in litigation apparently hasn’t happened just yet, the Texas Uniform Trade Secret Act has made significant changes to this area of intellectual property law.

For one thing, corporate in-house lawyers are more likely to choose to sue under this state statute rather than the previous one, according to David Harper, the Dallas-based head of the intellectual property litigation group at Haynes and Boone, LLP.

The reason: the new law offers more predictability in the outcome of the case, with less risk to the plaintiff.

“I wouldn’t classify it as a sea change,” Harper says. “But it’s an important development.

Excerpted from the Texas Lawbook, June 24, 2014. To view full article, click here (subscription required).


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