1400 Gables Ct #103 Plano, TX 75075
5601 Bridge Street, #300, Ft. Worth, TX 76112

Armstrong Discusses TUTSA

The following is the fifth installment in a series of articles  published by  Plano Business Law Firm President  Richard Armstrong, based on a speech he made to the North Dallas Bar Association.

With regard to the component of non-disclosure to the public,  Texas  courts will now look to whether “reasonable efforts under the circumstances” were made to keep the information confidential. This is meant to, and should, a fact-specific inquiry that hinges heavily on the individual business and on industry practices.

The days of it being sufficient to merely  stamp “CONFIDENTIAL” in large red letters on a file of sensitive documents, are  no longer.

Some other thoughts we suggest businesses consider:

  • Having a sign-on (user name) and password may not be enough. Consider how often you should change user names and passwords in order to  meet industry standards and accepted norms of confidentiality for the type of information you are protecting.
  • What exit procedures have been put in place for employees or contractors who leave the company, to help guard against revelation or misappropriation of trade secrets by malcontents?
  • ”To encrypt or not to encrypt: That is the question.” At least, one question. Should this be done?
  • What about written policies and procedures? Just having them is not enough. They must be consistently followed. If they are not, it is better to discard or modify the policies involved. Otherwise, the policies may be used effectively against the offending company in court.
[Continued next week as Part 6 in this series.]

Plano Business Litigation Lawyers at Armstrong the Law Firm, P.C. successfully prosecute and defend  noncompete covenants suitstrade secret misappropriation disputes, and unfair competition litigation.  Attorneys at Armstrong The Law Firm, P.C. are experienced in representing clients successfully through the Texas state and federal courts. Call 972-424-L-A-W-S (5297) or visit www.


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Armstrong The Law Firm, P.C.
Plano Location
1400 Gables Ct #103
Plano, TX 75075

Fort Worth Location (By Appointment Only)
5601 Bridge Street, Ste. 300
Ft. Worth, Texas 76112

Phone: (972) 424-5297