In early May 2013, Texas’ Governor signed into law the Texas Uniform Trade Secrets Act. The Act adopts a version of the Uniform Trade Secrets Act (UTSA) and is expected to provide more uniformity, certainty, and predictability in litigation pertaining to trade secret misappropriation in this important commercial hub. While the Act is modeled on the UTSA, it incorporates two significant departures. First, the Act expressly includes financial information and customer/supplier lists in the definition of what constitutes a “trade secret.” Second, it endorses the inevitable disclosure doctrine. The Act makes other significant changes that commentators predict will help businesses protect their research and development efforts, restrict the disclosure of trade secrets in public court records, and recover attorneys’ fees in certain instances.
