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.