Texas’s new trade secret law—the Texas Uniform Trade Secrets—will take effect September 1st.  Any trade secrets thefts that occur after August will be covered by the new Act.  The Act can be found here.

The Act allows a court to award a party recovery of reasonable attorney fees for willful and malicious trade secret theft.   Similarly, a court may award attorney fees in favor of a successful defendant, if a trade secret theft lawsuit was brought in bad faith.

For willful and malicious trade secret theft, a fact finder may award exemplary damages to a successful plaintiff.