Businesses of all types and sizes throughout the United States, Mexico and beyond bring their disputes to Gardere's litigation team and receive practical, responsive, boutique-style attention in return. Our clients have access to the firepower and value of a well-known and highly-regarded Firm's capabilities and interdisciplinary strengths.
Gardere has a national and international energy practice formed around our Energy Industry Team, which is a multidisciplinary group of approximately 80 attorneys with diverse backgrounds, experience and skills specific to the energy industry. Our team includes attorneys who have served as in-house counsel for major energy companies, providing a depth of insight into our clients' needs, issues and concerns. We understand and regularly practice in virtually every sector of the energy, and we represent a wide variety of industry participants from multinational corporations to individuals.
From our offices in the United States and Mexico, our International Practice helps clients operate in today’s global economy. We have more than 30 professionals operating as a boutique within an Am Law 200 law firm and are able to provide focused service with the resources of a large firm. We understand that clients who are engaged in the global marketplace need lawyers who can operate seamlessly across multiple jurisdictions. Our international experts are multi-lingual, are culturally fluent and intimately familiar with various legal systems across the world, especially those in Latin America. Whether you need help with commercial transactions, regulatory matters, customs and import regulations, immigration matters, M&A and joint ventures, international disputes, or international tax planning, Gardere’s international team is here to assist you.
We represent domestic and foreign private funds in all aspects of fund formation, fund operations, platform and add-on acquisitions, and portfolio company operations. Our team has a reputation for being the go-to-lawyers for private equity funds, hedge funds, venture capital funds and family offices. We are known for our vast deal experience, the efficient way we staff and manage our work, and the way we maintain our relationships. We get deals done with sophisticated, strategic, and practical advice tailored to the needs of our clients.
*Not admitted to practice law.
A bill is currently pending before the Texas Legislature to adopt the Uniform Trade Secrets Act. Currently the law in 47 states, Texas is considering the adoption of S.B. 953, the Texas Uniform Trade Secrets Act (TUTSA) to codify and clarify the common law relating to the protection of trade secrets. The proposed bill will expand the remedies currently available for misappropriation of trade secrets. If enacted, TUTSA would go into effect September 1, 2013.
Trade secrets in Texas are currently governed by common law and there is a distinct lack of consistency and uniformity in the protection granted trade secrets and the remedies available to claimants. TUTSA would resolve many of these conflicts and provide some predictability to those seeking to protect trade secrets. Importantly, the proposed statute specifically identifies customer lists and potential customer lists as protected trade secrets—items previously evaluated on a case by case basis by Texas courts.
TUTSA authorizes courts to issue injunctive relief to prohibit disclosure or threatened disclosure of trade secrets, as well as to take any other reasonable steps to preserve the secrecy of the confidential information. Notably, TUTSA empowers courts to compel affirmative action by a party to protect a trade secret in addition to simply preserving the status quo. The proposed statute also provides for damages in addition to injunctive relief. Damages may be calculated by analyzing the actual loss or the unjust enrichment resulting from the misappropriation, or by imposition of a reasonable royalty. In addition, the courts have the discretion to award reasonable attorneys’ fees to a prevailing party.
We will monitor the progress of this bill through the Texas Legislature, and provide analysis of the practical impact of the final bill if it is enacted. For more information, please contact Jessica Mason or any of the labor and employment attorneys at Gardere.
The publications contained in this site do not constitute legal advice. Legal advice can only be given with knowledge of the client's specific facts. By putting these publications on our website we do not intend to create a lawyer-client relationship with the user. Materials may not reflect the most current legal developments, verdicts or settlements. This information should in no way be taken as an indication of future results.
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