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ARTICLE · 21 NOVEMBER 2017

2017 Texas Employment Law Update

Lewis Brisbois Bisgaard & Smith LLP
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Employment laws were not the focus of the 85th legislative session of the Texas Legislature; however, there were a few notable new laws – which will impact employers – that were passed during this session.

United StatesEmployment and HR
Lewis Brisbois Bisgaard & Smith LLP
Lewis Brisbois Bisgaard & Smith LLP
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Employment laws were not the focus of the 85th legislative session of the Texas Legislature; however, there were a few notable new laws – which will impact employers – that were passed during this session. Each of these laws became effective on September 1, 2017.

Amendments to the Texas Uniform Trade Secrets Act

The legislature amended the Texas Uniform Trade Secrets Act to align it more closely with its federal equivalent, the Defend Trade Secrets Act ("DTSA"), and to codify a 2016 Texas Supreme Court decision addressing when a party to a lawsuit may be excluded from the courtroom when trade secrets are discussed.

Specifically, the legislature amended several of the definitions of the TUTSA, including the definition of "trade secrets," to align the state Act's definition with the DTSA. The amendments also add definitions for the terms "owner," "clear and convincing evidence," and "willful and malicious misappropriation." The amendments also clarify and limit

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