10-4 PRESERVATION OF SECRECY—PROTECTIVE ORDERS

• Jurisdiction: United States

10-4 Preservation of Secrecy—Protective Orders

TUTSA includes a statutory section addressing the preservation of secrecy in trade secret cases, which requires the court to "preserve the secrecy of an alleged trade secret by reasonable means."¹⁵ There is an express presumption in favor of protective orders in order to preserve the secrecy of trade secrets.¹⁶ These types of orders might include provisions for holding in camera hearings or requiring court approval before anyone involved can disclose the trade secret. The DTSA includes a similar provision, but does not set forth a specific presumption of secrecy for the trade secret. Under the federal statute, the court must enter orders or take other action "as may be necessary and appropriate to preserve the confidentiality of trade secrets."¹⁷

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Notes:

^[15] Tex. Civ. Prac. & Rem. Code Ann. § 134A.006.

^[16] Tex. Civ. Prac. & Rem. Code Ann. § 134A.006.

^[17] 18 U.S.C. § 1835(a).