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Trade Secret, Redefined.

09/15/2013 // Dallas, Texas, United States // Attorney Keith Clouse // Keith Clouse

The Texas Legislature radically changed Texas trade secret law when it enacted the Texas Uniform Trade Secrets Act. Now, Texas businesses, lawyers, and courts will have statutes to guide them through disputes over trade secrets.

One of the biggest changes concerns the definition of a trade secret. Under the new law, a trade secret means: Information, including a formula, pattern, compilation, program, device, method, technique, process, financial data, or list of actual or potential customers or suppliers that: 1. derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and 2. is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

The new standard allows a judge to consider the nature of the trade secret and the efforts undertaken to maintain its secrecy and to evaluate whether those efforts were reasonable under the existing circumstances. Many commentators anticipate that trade secret status will be granted to more pieces of information under this new law.

To learn more about trade secret law, contact an employment lawyer in your area. This article is presented by the employment law attorneys at Clouse Dunn LLP. For inquiries, send an email to debra@clousedunn.com or call (214) 239-2705.

Contact Keith Clouse

KEITH A. CLOUSE

Clouse Dunn LLP

214.220.2722 214.220.3833 ( fax) keith@clousedunn.com

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