Although it is a good practice for employers to require their employees to sign confidentiality agreements covering trade secrets, failure to do so is not fatal to a theft of trade secrets claim.\u00a0 This is because Texas law places a duty on employees not to use trade secret information acquired during the employment relationship.\u00a0 No written confidentiality contract is required.\u00a0 This duty survives termination of the employment relationship.<\/p>\n
Do not assume employees are free to use their employer\u2019s trade secrets just because there is no signed confidentiality agreement.<\/p>\n
Here are two cases applying this rule of law: Lamont v. Vaquillas Energy Lopeno, Ltd.<\/em>, 421 S.W.3d 198, 211 (Tex. App.\u2014San Antonio 2013, review denied)<\/a>; Reliant Hospital Partners, LLC v. Cornerstone Healthcare Group Holdings, Inc.<\/em>, 374 S.W.3d 488, 499 (Tex. App.\u2014Dallas 2012, review denied)<\/a>.<\/p>\n Photograph pursuant to the license located at:\u00a0<\/em>https:\/\/creativecommons.org\/licenses\/by\/2.0\/legalcode<\/em><\/a><\/p>\n