Texas Trade Secrets

Category: Defend Trade Secrets Act

Confidentiality Restrictions and Customer Relationships

A lawsuit that I worked on last year involved an interesting issue.  May a business plaintiff use a confidentiality agreement to prevent its former salesperson from continuing business relationships with the plaintiff’s customers?  Yes, an employer can use a properly crafted non-competition agreement to achieve this goal.  But if there is no such agreement, can a plaintiff achieve the same end by relying upon a confidentiality agreement? Continue reading

Get Ready for Federal Trade Secret Lawsuits

In a post last Fall, I expressed my view that the United States does not need a federal statute providing civil remedies for theft of trade secrets.  That debate is over.  Whether we need it or not, Congress enacted the Defend Trade Secrets Act (“DTSA”) on April 27, 2016.  I anticipate that President Obama will sign the bill.

Update: President Obama signed the DTSA into law on May 11, 2016.

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