Category Archives: Litigation

UPDATED: Trade Secret Proposal Has Won Over Congress & The President, But Not Me

Who says Congress can’t agree on anything these days? By an overwhelming vote of 410-2, the House recently approved the Defend Trade Secret Act (DTSA). The Senate already has passed the proposal and President Obama is expected to sign it … Continue reading

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When You Get SLAPPed, You Can Get SLAPPed Hard

Lawyers who are keeping an eye on SLAPP litigation will want to review the Texas Supreme Court’s April 15 ruling in Sullivan v. Abraham. In its brief decision, the court provided a little more clarity in this emerging area of litigation that can affect many areas of law, including trade secrets. Continue reading

Posted in Complaints Against Executives, Litigation, SLAPP, Trade Secrets | 1 Comment

Law360 Kerfuffle Adds to Noncompetes Bonfire

Every few months, a story comes along that reignites the “noncompetes are evil” fervor. Right now, the story du jour is that of Stephanie Russell-Kraft, a freelance reporter who formerly wrote for the legal newswire Law360. She left Law360 – her first job out of college – to take a job at competitor Thomson Reuters Corp. Continue reading

Posted in Confidential Information, Executive contracts, Legal, Litigation, Non-Competes, Trade Secrets | Tagged , , | 1 Comment

SCOTX Asked to Keep a Few Too Many Secrets

Yesterday, the Texas Supreme Court heard an important case involving the recently enacted Texas Uniform Trade Secrets Act (TUTSA), and it could profoundly impact how trade secret cases are litigated in Texas. This case concerns whether a plaintiff can banish … Continue reading

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A Texas-Based ‘Silicon Valley’ Would Have Had a Much Different Season Finale

It’s a good thing Pied Piper, the fictional tech company at the center of HBO’s “Silicon Valley,” was founded in California and not Texas. Continue reading

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Life without non-competes isn’t necessarily sunny (even in California)

As an attorney who represents executives who have had to sign non-compete agreements as a condition of employment, I confess to a general dislike of non-competes. They impede worker mobility and career growth, and are often an unnecessarily restrictive way … Continue reading

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Don’t Underestimate Insider Trade Secret Theft

High-profile security breaches like the ones that targeted Sony, JP Morgan Chase and The Home Depot make major headlines and cause businesses to fear they’re going to lose all their trade secrets to a nefarious underworld of hackers. And while … Continue reading

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‘LinkedIn Defense’ Isn’t Necessarily a Slam Dunk

Back in April 2013, when the Texas Legislature was still considering whether to adopt the Uniform Trade Secrets Act (it ultimately passed), I predicted that a sticking point would be the inclusion of “a list of actual or potential customers … Continue reading

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Texas Monthly v. New York Times: Where are the damages?

The Texas journalism world has been abuzz over a lawsuit filed by Texas Monthly magazine against The New York Times, over The Times‘ luring away of Texas Monthly editor in chief Jake Silverstein to serve as editor of The Times … Continue reading

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Leaving But Not Yet Gone: Notes from the ABA’s Labor & Employment Midwinter Meeting

One of the perennial issues executive employment lawyers handle is what to do when an executive has accepted a job offer at a competitor but hasn’t left his or her current employer yet. As I found out last weekend when … Continue reading

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