The Texas Supreme Court in Copano Energy, LLC v. Stanley Bujnoch, Life Estate, et al., determined whether an enforceable agreement was established through email correspondence. The plaintiffs, Stanley Bujnoch, Life Estate, et al. (“Bujnoch”), sued for breach of contract and
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The TCPA Does Not Apply to Purely Private Communications for Pecuniary Gain

The case of Infinity Sys., Inc. v. Gray Mech. Contractors, LLC, No. 01-19-00253-CV, 2020 WL 5637505 (Tex. App.—Houston [1st Dist.] Sept. 22, 2020, no pet.), a Texas Uniform Trade Secrets Act (TUTSA) case, involved a motion to dismiss…
The Difficulties of Winning a Trade Secrets Case at the Summary Judgment Stage
Even More Lessons from Title Source v. HouseCanary

Title Source, Inc. v. HouseCanary, Inc., No. 04-19-00044-CV, 2020 WL 5027667 (Tex. App.—San Antonio Aug. 26, 2020, pet. granted) is a new case addressing the jury charge in Texas Uniform Trade Secrets Act (TUTSA) cases. In a previous…
Just a Picture on a T-Shirt (Part 2): The Solution

The last trademark-centric article posted, entitled, “Just a Picture on a T-Shirt: The Basics of the Most Common Trademark Application” was intended to be a two-parter. The article revealed a hole in the trademark regulation discussed later, and…
Supreme Court of Texas Determines that a Request for Permanent Injunction Was Not Available When Plaintiff Also Offered Proof of Future Damages

The case of Pike v. Tex. EMC Management, LLC, 17-0557, 2020 WL 3405812 (Tex. June 19, 2020), revolved around the breakup of a limited partnership which was originally created to produce a new cement product. Ultimately, the Texas Supreme…
Houston Court of Appeals Holds that the The Texas Citizen’s Participation Act Requires a Showing of Some Public Benefit

Houston’s First District Court of Appeals reversed a trial court’s dismissal of a misappropriation of trade secrets claim based on the Texas’s anti-SLAPP law the Texas Citizens Participation (TCPA) because both the right of association and the right…
Proving the Element of “Use” for a Trade Secrets Claim Requires Either Harm to the Defendant or Enrichment of the Plaintiff
Dallas Court of Appeals Reverses Trial Court on TCPA Because There Must Be a Showing of a Public Good

The Dallas Court of Appeals recently reversed a trial court’s decision to grant a motion to dismiss under the previous version of Texas’s anti-SLAPP statute the Texas Citizens Participation Act (TCPA). BusPatrol Am., LLC v. Am. Traffic Sols.,…