Texas Uniform Trade Secrets Act Now Applicable

Texas recently adopted a version of the Uniform Trade Secrets Act (“UTSA”).  The new act will be known as the Texas Uniform Trade Secrets Act (“TUTSA”).  New York and Massachusetts are now the only two states to not adopt some form or variation of the UTSA.         

The TUTSA takes effect during the Labor Day weekend on September 1, 2013.  However, the TUTSA does not necessarily apply to all cases filed in Texas after September 1, 2013.  The TUTSA applies only if the alleged misappropriation began on or after September 1, 2013.  Any misappropriation or continuing misappropriation that began before September 1, 2013 will continue to be governed by Texas common law.

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