Outside Constitutional Protection, Within Anti-SLAPP Statute

Addressing the issue of defending against claims seeking to remedy alleged misappropriation or misuse of a business's trade secrets or confidential information by invoking the Texas Citizens Participation Act (TCPA), the Texas Third Court of Appeals ruled that the TCPA as written can potentially be invoked successfully to defend against these claims and, more broadly, that "communications" protected by the TCPA, which in turn can serve as predicate for a motion to dismiss a "legal action" under the TCPA, are not solely confined to speech that enjoys constitutional protection, but instead are defined by the language of the TCPA as written. Elite Auto Body LLC v. Autocraft Bodywerks, Inc., Case No. 03-15-00064 (Tex. App., May 5, 2017) (Pemberton, J).