Bolsinger is still pitching! After a recent dismissal for lack of jurisdiction in California, former Major League Baseball pitcher Michael Bolsinger refiled claims against the Houston Astros in state court in Houston, Texas on May 13, 2021. While asserting similar factual allegations as his original California complaint, the former Toronto Blue Jays pitcher has abandoned his previous unfair business practice causes of action in favor of claims for trade secret misappropriation under the Texas Uniform Trade Secrets Act and for conversion. Bolsinger claims that the pitching signs he used during his August 4, 2017 game against the Astros were trade secrets.
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Texas Uniform Trade Secrets Act (TUTSA)
Texas Supreme Court Issues First Texas Uniform Trade Secrets Act Decision
The Texas Supreme Court on Friday issued its first decision interpreting the recently enacted Texas Uniform Trade Secrets Act (TUTSA), holding that a defendant’s corporate representative does not have an absolute right to remain in the courtroom while a plaintiff’s trade secrets are discussed. In re M-I L.L.C. d/ba/ MI-Swaco, No. 14-1045 (Tex. Jan. 13, 2016). The Court’s decision is significant both because it is the first time the Texas Supreme Court has addressed the relatively new legislation (TUTSA was passed in late 2013), but also because its signals the Court’s willingness to interpret TUTSA expansively.
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Texas Adopts Version of Uniform Trade Secrets Act
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…