9-1 INTRODUCTION

• Jurisdiction: United States

9-1 Introduction

Under the TUTSA, the DTSA, and the common law, the trade secret plaintiff enjoys a broad range of potential remedies, both monetary and equitable. In fact, a recent Texas Supreme Court case described the remedies available under TUTSA as both "flexible and imaginative."¹ Federal courts have applied this same flexible approach to damages under the DTSA as well.² This breadth of options, however, does not mean that the plaintiff is absolved of offering proof of the existence and amount of damages. This chapter further explores several nuanced damages-related issues that arise in cases involving multiple defendants. Beyond monetary relief, this chapter also explores the unique forms of equitable relief now available to the trade secret plaintiff under TUTSA, as well as other associated remedies including attorneys' fees and exemplary damages.

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Notes:

^[1] Southwestern Energy Prod. Co. v. Berry-Helfand, 491 S.W.3d 699, 710 (Tex. 2016).

^[2] See Blue Star Press, LLC v. Blasko, 2018 WL 1904835, at *3 (W.D. Tex. Mar. 6, 2018) ("In the absence of FDTSA case law . . . the Court's analysis should be informed by cases interpreting the Uniform...