HOUSTON – Houston trial lawyers Ashish Mahendru and Darren A. Braun of the litigation law firm Mahendru P.C. were recently featured in Texas Lawyer discussing the growing trend of trade secrets litigation in Texas.
As changes in patent law have made it more difficult for plaintiffs, many are turning to trade secret litigation as an alternative to protecting valuable business assets. Texas is at the forefront of this trend with three judicial districts – the Eastern, Northern and Southern Districts – among the top five in the U.S. for trade secret litigation filings, according to a Stout.com analysis.
“The Texas Uniform Trade Secrets Act (TUTSA) and Defend Trade Secrets Act (DTSA) both have undoubtedly laudable goals—the protection of trade secrets—and they have provided many aggrieved companies relief from real instances of theft,” said the team at Mahendru P.C. “However, those statutes have so simplified the process of filing a trade-secrets claim and obtaining injunctive relief that lawyers now assert trade-secrets claims in an unreasonable number of cases, even when trade secrets are really not in dispute.”
Trends in labor and employment – declining popularity of noncompete agreements and the increasing popularity of remote working arrangements and employee mobility – are also credited with an increase in this type of litigation.
To read more about what the firm had to say regarding trade secret litigation in Texas, log onto Texas Lawyer and click on the article “Some Plaintiffs Are Weaponizing Trade Secret Litigation” (subscription required.)