A departing worker or owner may be accused of taking customer information, pricing records, drawings, or operating materials. A business making that accusation may need to identify the information and explain how it was protected.
Distinguish confidentiality from a statutory trade secret
Texas’s trade-secret statute examines secrecy measures and the value of information from not being generally known. A confidentiality label alone does not resolve whether particular information qualifies.
Define the issues in dispute
A review should separate contract-based confidentiality allegations from statutory misappropriation claims and urgent-relief issues. The particular information, method of access, alleged use, and available evidence determine the questions that must be addressed.
Issues for review
- Disputed access, downloading, or retention of business information
- Contractual confidentiality obligations
- Proposed claims or defenses concerning alleged misappropriation
Questions about this dispute
Is ordinary knowledge gained at work automatically a trade secret?
No. The particular information and statutory requirements need review; allegations should not treat every skill or experience as protected information.
Should potentially relevant devices or files be changed?
Preservation should be discussed promptly with counsel. Do not delete or alter potentially relevant materials in response to a dispute.
Texas law references
General information. The application of these authorities depends on the dispute.