Guides · Trade Secret Litigation
Trade Secret Litigation Resources
Official sources for Texas and federal trade secret law, the courts that hear these cases, and the leading practice guidance.
· Law checked through October 20, 2026
In Short
Official sources for Texas and federal trade secret law, the courts that hear these cases, and the leading practice guidance.
Statutes.
| Source | What it covers |
|---|---|
| Texas Uniform Trade Secrets Act, Tex. Civ. Prac. & Rem. Code ch. 134A | Definitions, injunctions, damages, fees, protective orders, sealing (§ 134A.0065), and displacement of other claims |
| Defend Trade Secrets Act, 18 U.S.C. §§ 1833(b), 1836-1839 | Federal civil claim, ex parte seizure, remedies, whistleblower immunity |
| Economic Espionage Act, 18 U.S.C. §§ 1831-1832 | Federal crimes of economic espionage and theft of trade secrets |
| Tex. Bus. & Com. Code §§ 15.50-15.52 | Enforceability of noncompetes, including health care practitioner limits (§§ 15.50, 15.501) |
| Tex. Civ. Prac. & Rem. Code § 16.010 | Three-year limitations period for misappropriation |
Recent Texas legislation.
| Bill | What it did |
|---|---|
| H.B. 40 (2025) | Business Court jurisdiction over trade secret and certain technology disputes over $5 million (Gov't Code § 25A.004(d)(5)), effective Sept. 1, 2025 |
| H.B. 4081 (2025) | Sealing procedure for trade secrets in TUTSA cases (§ 134A.0065), effective Sept. 1, 2025 |
| S.B. 1318 (2025) | Limits on noncompetes for physicians, dentists, nurses, and physician assistants, effective Sept. 1, 2025 |
Courts and rules.
| Source | Notes |
|---|---|
| Texas Business Court Local Rules (effective Oct. 1, 2026) | Rule 9 governs sealing and warns parties not to file unredacted trade secrets |
| Texas Rules of Civil Procedure 76a and 680-693 | Sealing of court records; temporary restraining orders and injunctions |
| Federal Rules of Civil Procedure 26(c) and 65 | Protective orders; TROs and preliminary injunctions |
| U.S. Court of Appeals for the Fifth Circuit | Appeals in federal trade secret cases from Texas |
Practice guidance.
| Source | Notes |
|---|---|
| The Sedona Conference, Commentary on the Proper Identification of Asserted Trade Secrets in Misappropriation Cases (2020) | How and when owners should identify their secrets |
| Texas Pattern Jury Charges: Business, Consumer, Insurance & Employment (State Bar of Texas) | Pattern questions and instructions for TUTSA claims |
| FTC, statement accepting vacatur of the Non-Compete Clause Rule (Sept. 5, 2025) | Status of the federal noncompete rule |
Sources.
The sources are the documents listed above.
This guide is general information, not legal advice. Law checked through October 20, 2026. See the Disclaimer.