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Whether Information Is Truly A “Trade Secret” Under Texas Law

November 22, 2013

We are blogging on “Non-competes, Trade Secrets, Fiduciary Duties, and the Inevitable Disclosure Doctrine.” Mark Oberti has prepared a detailed paper on all of these issues, which can be found here.

In Texas Integrated Conveyor Systems, Inc. v. Innovative Conveyor, 300 S.W.3d 348 (Tex. App.–Dallas 2009, pet. denied), the Court of Appeals held that genuine issues of material fact existed on whether former employer’s customer information constituted a “trade secret,” thus precluding traditional summary judgment to the former employees-defendants on the former employer’s claim against them for misappropriation and theft of trade secrets.