Texas Adopts Uniform Trade Secrets Act
Author: Melissa A. Silver, XpertHR Legal Editor
Effective September 1, 2013, Texas employers will have a more consistent and predictable legal framework for protecting their trade secrets: the state has now joined the majority of states and adopted the Uniform Trade Secrets Act (UTSA). +2013 Bill Text TX S.B. 953.The UTSA is model legislation that standardizes definitions for what confidential information will qualify as trade secrets and provides employers remedies for their misappropriation, i.e., acquiring a trade secret by improper means.
Some highlights of the Texas law are as follows:
- The definition of trade secrets includes customer lists, which is not in the model Act;
- It grants protective orders to preserve the secrecy of trade secrets unless there is a reason not to; and
- Prevailing parties may be awarded attorney fees, which is not a remedy currently available under Texas law for the misappropriation of a trade secret, unless there is a separate action.
Additional Resources
Recruiting and Hiring > Terms of Employment: Texas
Employee Management > Employee Discipline: Texas
Risk Management - Health, Safety, Security > Workplace Security: Texas
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