Trade Secrets

Make Your Firm More Attractive To Clients and More Profitable With Alternative Fee Arrangements

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If it hasn’t hit you yet, it’s coming.  More and more business clients enter into Alternative Fee Arrangements (AFA) with their lawyers.  Clients like the idea of the certainty and predictability an AFA provides, and quite frankly, they like the idea that they can pick up the phone to ask you a question without increasing …

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Asserting and Negating Jurisdiction in a Texas Special Appearance

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Since a special appearance filed under Texas Rule of Civil Procedure 120a seeks to challenge the court’s personal jurisdiction over the defendant in a case, the merits of the special appearance argument focus on the basis for jurisdiction. Generally speaking, the plaintiff is responsible for asserting the basis or bases for jurisdiction, and the defendant …

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How Does Due Order of Pleading Affect Texas Special Appearances?

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A special appearance challenges a court’s personal jurisdiction over a defendant in Texas. Unlike many other types of pleadings or motions, the timing of the special appearance is essential. Generally speaking, the special appearance must be filed as the first responsive pleading or as part of the first responsive pleading. In other words, when the …

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The Elements of a Trade Secret in Texas: What Are “Reasonable Means” to Protect a Trade Secret?

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Under the Texas Uniform Trade Secrets Act (TUTSA), as well as under the common law, information could be treated as a “trade secret” only if it met two criteria: it wasn’t “generally known” or “readily ascertainable” to those who could benefit from it, and its owner took reasonable efforts, given the circumstances, to protect the …

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The Elements of Trade Secret in Texas: What Counts as “Not Readily Ascertainable”?

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To be protected by Texas trade secret law under the Texas Uniform Trade Secrets Act (TUTSA), information must be valuable because it is neither “generally known” nor “readily ascertainable” to third parties unless those third parties use improper means to get it. Clearly, this includes information that a third party could not acquire without breaking …

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