What Changed In The Texas Uniform Trade Secrets Act

Law360, New York (July 10, 2017, 12:33 PM EDT) -- In May 2017, the Texas Legislature unanimously passed H.B. 1995,[1] which amended the Texas Uniform Trade Secrets Act (commonly called “TUTSA”).[2] The amendments take effect Sept. 1, 2017, and apply to cases filed on or after that time.[3] While the amendments largely codified existing law, practitioners routinely involved in trade secret cases should be aware of potential changes that may impact future litigation.

Perhaps the most significant substantive change is to the section of TUTSA providing for an award of exemplary damages. TUTSA previously allowed an award of exemplary damages and attorney’s fees if the jury found clear and convincing evidence...

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