Category: Confidentiality Agreements in Texas

When Stopping Competition with A Temporary Injunction, It Pays To Be Precise

A lot of times a company rushes to court asking the judge to stop a former employee or his new employer from using the company’s confidential information or soliciting its customers based on the agreements that the former employee had signed with the company.    

Employees’ Unauthorized Copying of Electronic Files is Not Theft in Texas

Before pleading a Texas Theft Liability Act claim against an employee for stealing the company’s data, information, documents, or other property, the company should make sure that there is at least some evidence of the employee’s intent to deprive the company of its property.

Renewing Non-Disclosure Agreements with Employees? Consider this . . .

In my practice, I see this scenario all the time: an employee leaves to work for a competitor, the employer realizes that its non-disclosure (NDA) or non-compete agreement was inadequate to protect it from what just happened, so the company rolls out a new…

Proving Lost Profits in a Trade Secrets Case – An Expensive Lesson from a Texas Court of Appeals

Before filing a trade secrets case or in the early stages of such case, a company bringing a lawsuit should always consider the following questions: (1) what damages did we suffer? (2) how do we calculate such damages? (3) how do we prove the damages in court?

The Truth Behind the Non-Disclosure Agreements

Non-Disclosure Agreements with employees are useful only if employees understand them and know the consequences of breaching them.

What Should a Company do When it Suspects That an Employee Stole Its Trade Secrets?

Employees take their employers’ trade secrets all the time. It’s a fact of life.  No matter what systems an employer has in place, sooner or later a key employee will depart and take some trade secret information, data, or documents with them. Most employees…

Texas Employment Hiring Checklist

Whether a new business is preparing to hire its first employee or is revisiting its already-existing hiring procedures, making sure that the on-boarding process is done correctly and consistently will result in significant long-term benefits in terms of reducing stress associated with hiring new…

Texas Supreme Court Rules Competitors Can be Excluded from the Courtroom

Until recently, companies suing for trade secret theft ran a risk of having to disclose to their competitors in open court certain aspects of their trade secrets in order to prove their claim. The companies often argued that they shouldn’t have to give up…

Trade Secrets Litigation is About to Change with the Passage of the Federal Defend Trade Secrets Act

The federal Defend Trade Secrets Act (DTSA), that has been subject of rigorous debate over the past few years, is just days away from becoming the law of the land.  On April 4, 2016, the Senate passed the DTSA bill with a vote of…

Common Ways Businesses Leak Trade Secrets Without Their Knowledge

If you have a business, you have trade secrets. It is really that simple. In Texas, any information can be a trade secret as long as (1) it has economic value because it is not generally known and (2) the owner of the information…