Plaintiffs now have only one bite-at-the-apple when pursuing claims of misappropriation of confidential information in Texas. 360 Mortg. Grp., LLC v. Homebridge Fin. Servs., Inc., No. A-14-CA-00847-SS, 2016 WL 900577, at *8 (W.D. Tex. Mar. 2, 2016). Tort claims focused on misappropriation of confidential information are preempted under the Texas Uniform Trade Secrets Act (TUSTA) if the origin of the claim focuses on the taking or use of another’s confidential information. For example, tort claims of unjust enrichment and constructive trust, based on a res of misappropriated confidential information, are pre-empted. On the other hand, conspiracy to misappropriate confidential information is not pre-empted, because the claim is based on an independent meeting of the minds.
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