Blog : Trade Secret Litigation

Need to know the basics of trade secrets law?

Horizon v. Acadia finds expert’s assumptions too speculative to support lost profits verdict Mamas, don’t let your babies grow up to be damages experts in Texas. That’s the refrain CPAs may feel like singing after the Texas Supreme Court recently raised the bar for proving lost profits damages in trade secrets lawsuits—again. It started in 2016 with Southwest Energy v. Berry-Helfand, where the damages expert calculated lost profits for misappropriation of oilfield trade secrets by assuming a flat reasonable royalty rate of 3%, which was consistent with industry standards. As I reported here, the Texas Supreme Court said this opinion […]

What is the minimum it takes to meet the Defend Trade Secrets Act’s “reasonable measures” requirement?

The primary effect of the Defend Trade Secrets Act has been to change where trade secrets lawsuits get filed.

The primary practical effect of the Defend Trade Secrets Act has been to shift a lot of typical customer list cases from state to federal court.

Did the federal trade secret statute’s new ex parte seizure remedy live up to the hype in the statute’s first year?

How well does the new Texas Pattern Jury Charge perform in a typical soft trade secrets case?

A high-stakes battle over who owns the technology used in the Oculus Rift virtual reality system

The recent Brunswick v. Sultanov case addresses an ex parte seizure order under the Defend Trade Secrets Act, plus a novel personal jurisdiction argument.

A recent Texas ethics opinion addresses two issues concerning disclosure of confidential information.