The TCPA Does Not Apply to TUTSA Cases Filed in Federal Court

Article by Heath Coffman

As discussed in previous posts, the Texas Citizens Participation Act (TCPA) is a defense to almost any Texas Uniform Trade Secret Act (TUTSA) claim filed in Texas.  However, that defense may not apply to TUTSA claims in federal court. In Thoroughbred Ventures, LLC v. Disman, No. 4:18-CV-00318, 2018 WL 3472717, at *2 (E.D. Tex. July 19, 2018), the Eastern District of Texas decided that the TCPA was a procedural statute that conflicted with the Federal Rules of Civil Procedure. Therefore, it did not apply to plaintiffs’ TUTSA claims, and the court denied defendants’ TCPA motion to dismiss.

The lesson here is that federal court is the best path to avoiding a TCPA motion to dismiss challenge in a trade secrets case.

Share this article:

More Posts

Brackett & Ellis Attorneys in London

Several members of Brackett & Ellis’ Insurance Law section recently returned from their semi-annual marketing trip to London, England.  During the trip our attorneys had

100% Results-Driven | 100% Dedicated | 100% Committed
100 Main Street

All Practice Areas

Recent News