The Defend Trade Secret Act of 2016 (DTSA) codified trade secret law and created a general civil cause of action for trade secret misappropriation under federal law. The DTSA also resulted in the Texas Legislature amending the Texas Uniform Trade Secrets Act to more closely align with the federal statute and recent Texas Supreme Court rulings. These federal changes in trade secret law include ex parte seizure of property, special protections for plaintiffs and defendants, and immunity for whistleblowers who properly expose fraud whereas the Texas changes include a balancing test to determine when a party or a party's representative can be excluded from any stage of a trade secret proceeding. Proper use and understanding of these new laws can greatly help businesses who have had trade secrets stolen as well as parties accused of misappropriating trade secrets. This web page provides information on both the Defend Trade Secret Act (DTSA) and the Texas Uniform Trade Secrets Act (TUTSA). For specific legal advice on a trade secret issue, please contact a Texas Uniform Trade Secrets Act Lawyer and a Texas Defend Trade Secret Act Lawyer.
If you own trade secrets which another business, an employee, a business partner, an officer, or another party has misappropriated or you have been accused of misappropriating trade secrets and/or your property has been wrongfully seized, please feel free to submit an inquiry or send an e-mail to Texas Trade Secret Lawyer Jason Coomer. He provides advice to business owners concerning trade secrets lawsuits as well as other business litigation.
Trade Secret Preemption: the Defend Trade Secret Act Will Not Preempt Existing State Law
The Defend Trade Secret Act (DTSA) will not preempt existing state law. This lack of federal preemption will preserve and afford options to plaintiffs in regards whether to file federal or state claims and in which court they want to select. The DTSA also notably omits any requirement that a trade secret plaintiff describe its trade secrets with particularity. This provision should help owners of trade secrets better protect their trade secrets in several jurisdictions and provide better options for plaintiffs.
Trade Secrets Defined Under The Texas Uniform Trade Secrets Act and the Defend Trade Secret Act
Under the Defend Trade Secret Act (DTSA) the term trade secrets covers all forms and types of information, regardless of how stored, where 1) the owner thereof has taken reasonable measures to keep such information secret, and 2) the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by another person who can obtain economic value from the disclosure or use of the information. Recent amendments to the Texas Uniform Trade Secret Act (TUTSA) expand the definition of trade secret to more closely harmonize Texas law with the DTSA definition. Specifically, the Texas Legislature added to the definition all forms and types of information including, by way of example, business, scientific, technical, economic, or engineering information, design, prototype, plan, program device, code, or procedure, whether tangible or intangible and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing.
Trade Secret Owners and Users: the Defend Trade Secret Act Will Not Preempt Existing State Law
Under the Defend Trade Secret Act (DTSA), an owner of a trade secret is a person or entity in whom or in which rightful, legal, or equitable title to, or the right to enforce rights in, the trade secret is reposed. Whereas under the Texas Uniform Trade Secret Act (TUTSA), certain users of trade secrets, such as licensees, may be entitled to file a claim for trade-secret misappropriation under TUTSA. Texas courts will now need to presume that all parties are allowed to participate and be present during proceedings and may not be excluded until after a court considers the following seven factors:
(1) the value of an owners alleged trade secret;
(2) the degree of competitive harm an owner would suffer from the dissemination of the owners alleged trade secret to the other party;
(3) whether the owner is alleging that the other party is already in possession of the alleged trade secret;
(4) whether a partys representative acts as a competitive decision maker;
(5) the degree to which a partys defense would be impaired by limiting that partys access to the alleged trade secret;
(6) whether a party or a partys representative possesses specialized expertise that would not be available to a partys outside expert; and
(7) the stage of the action.
International Trade Secret Theft Lawyers, International Business Litigation Lawyers, International Intellectual Property Theft Lawyers, International Fake Product Lawyers, International Corporate Espionage Lawyers, International Business Fraud Whistleblower Lawyers, International Intellectual Property Lawyers, and International Business Litigation Teams
Texas Trade Secret Lawyer Jason Coomer frequently works with other Business Litigation Lawyers throughout the United States and the World on large international trade secret and patent infringement lawsuits involving corporate espionage lawsuits. For more information on this topic as well as some of the legal issues and potential causes of action regarding international patent infringement, international corporate espionage, and international theft of trade secrets, please go to the following web page: International Patent Infringement Lawsuits, International Trade Secret Theft Lawsuits, International Supply Chain Procurement Fraud Whistleblower Lawsuits, International Patent Infringement Qui Tam Lawsuits, and International Business Litigation Lawsuits.
Texas Technology & Intellectual Property Lawyer
Because of the rapid growth of Computer, Telecommunications, and Internet Technologies; traditional areas of business law have been changing. Technology Law or Cyberlaw in many areas is a relatively new area of law that is a combination of numerous other areas of law including intellectual property law, business contracts, real estate development, franchise law, and corporate law. The difference between Cyberlaw and other traditional areas of law is that in Cyberlaw, previously decided legal issues are being challenged and need to be re-examined because of advances in technology. Whether you have trade dress problems, breach of web development agreements, or theft of intellectual property, it is important to have a Texas Technology Lawyer that is familiar with emerging areas of law as well as is able to grasp new areas of developing technology and law.
As Former Chair of Computer & Technology Section of the State Bar of Texas; Former Chair & Webmaster of the Texas Young Lawyers Association, San Antonio Bar Association, and several other bar associations; and Director & Speaker at Bar Tech Conferences, he is familiar with a wide variety of Computer, Internet, and other Technology issues. He has worked with other Texas Intellectual Property Lawyers on complex intellectual property lawsuits and arbitrations including breach of trade secrets, patent malpractice claims, disputes over patent ownership, domain disputes, web development disputes, trademark & servicemark disputes, and copyright infringement lawsuits.
Texas Business Litigation Lawsuits
Texas Business Attorney, Jason Coomer, helps Texas business owners that have lost money through wrongful acts of other businesses, majority shareholders, dishonest employees, corruption corporate officers, negligent corporate officers, and individuals. He helps review contracts, corporate documents, accounting, contracts, and corporate wrongful acts to determine if theft of intellectual property, breach of fiduciary duty, or other corporate malfeasance has occurred. As a Texas Business litigation attorney that has handled commercial litigation claims between former business investors battling for stock, corporate accountings, patents, trademarks, copyrights, web sites, domains, buildings, customer lists, and other business assets, he is familiar with litigation, discovery, negotiations, mediations, arbitrations, Texas State Courts, and Federal Courts. Austin Texas Business Litigation Lawyer, Jason Coomer is an experienced business litigation attorney that handles unfair business actions, shareholder actions, commercial real estate law, computer law, and other business litigation.
Texas Trade Secret Theft Lawyer and Texas Business Tort Lawyer
Texas patent infringement business litigation lawyer, Jason S. Coomer, helps Texas business owners protect their assets from theft of trade secrets, patent infringement dishonest employees, breaches of contract, breaches of fiduciary duty, and unfair corporate competition by seeking compensation for damages, exemplary damages, and litigation costs from businesses and individuals that have committed wrongs. If you need a Texas Patent Infringement Lawyer, Texas Business Litigation Lawyer or a Texas Business Tort attorney for theft of trade secrets, patent infringement, breaches of fiduciary duties, corrupt corporate officers, dishonest employee, fraudulent partner or owner, unfair business competition, or other business litigation dispute, contact Texas Secret Lawyer Jason Coomer.