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
Winning a trade secret misappropriation case at the summary judgment stage is difficult. The case of C&M Oilfield Rentals, LLC v. Location Illuminator Techs., LLC, No. P:18-CV-039-DC, 2020 WL 7012008 (W.D. Tex. Sept. 30, 2020) illustrates that point. C&M Oilfield
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
Recently, the First District Court of Appeals, Houston affirmed a take-nothing judgment against all parties. Malone v. PLH Group, Inc., 01-19-00016-CV, 2020 WL 1680058, at *1 (Tex. App.—Houston [1st Dist.] Apr. 7, 2020, pet. denied). The defendant in Malone Power
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.,
Do I really need a survey?
This is a question that I receive regularly from clients who are purchasing property. Most often clients are debating whether the information received from a survey is worth the cost and time to have a survey prepared. Surveys are not