Patrick Keating

Texas Trade Secrets

Category: SLAPP Statute

The TCPA Statute and Trade Secrets

The Texas Citizens Participation Act (“TCPA”) is a statute in Texas that provides protection from frivolous lawsuits to people exercising their U.S. Constitution First Amendment rights.  The law provides a defendant who is sued for exercising the First Amendment right to freedom of speech, freedom of association or the right to petition the government the ability to file a motion to dismiss the lawsuit at the outset of the case.  The statute provides that the case shall be dismissed unless the plaintiff presents the court with evidence establishing a “prima facie case for each element of the claim in question.”

Zach Wolfe is in the midst of an interesting three-part blog post series in which he discusses a May 2017 decision by the Austin Court of Appeals, Elite Auto Body, LLC v. Autocraft Bodywerks, Inc., No. 03-15-00064-CV, 2017 WL 1833495 (Tex. App.—Austin May 5, 2017).  The court concluded that a Plaintiff’s theft of trade secrets claim was, in part, subject to a TCPA motion to dismiss.  Continue reading

Issue Joined in Anti-SLAPP Appeal

Earlier this week, Charlotte Rutherford (“Rutherford”) filed her responsive brief in the appeal filed by her former employer Schlumberger.  The case is considered to be high profile in the legal community because Rutherford succeeded in having the majority of Schlumberger’s claims against her dismissed based on her reliance upon the Texas Citizens’ Participation Act (“TCPA”).

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