Houston Trade Secret Attorneys

Keeping Trade Secrets a Secret

For something to qualify as a trade secret, a business must proactively take steps to protect the secret. Some examples of this include:

• Only allow certain upper-level employees access to the trade secrets;


• Train employees on how to handle trade secrets;


• Have employees, customers, independent contractors, and/or vendors with access to confidential information sign a confidentiality or non-disclosure agreement;


• Keep trade secrets on "company only" devices; or


• Store trade secrets on password protected platforms or devices.

Misappropriation of Trade Secrets

Misappropriation of trade secrets occurs when someone wrongfully takes or uses a company's confidential information. This unauthorized use can give a competitor an unfair advantage and harm the business that owns the secrets.

If your company's trade secrets are being misappropriated, the Uniform Trade Secrets Act (TUTSA) allows you to bring a claim to secure injunctive relief, monetary damages, and possibly recovery of attorneys' fees. The Texas Legislature enacted the Texas Uniform Trade Secrets Act (TUTSA) was enacted in 2013 to help prevent the theft of corporate trade secrets. To bring a lawsuit for misappropriation of trade secrets, you typically need to demonstrate that the information qualifies as a trade secret, that you took reasonable steps to keep the secret a secret, and that the defendant's actions caused harm or violated your rights.

If you are successful, remedies may include injunctions to stop further use or disclosure of the trade secrets, monetary damages to compensate for any losses suffered, and in some cases, punitive damages to punish the wrongdoing. Seeking advice from qualified intellectual property attorneys, like the attorneys of Wilson Whitaker Rynell, can help you navigate the complexities of the law and safeguard your trade secrets effectively.