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Case: Trade Secrets/Misappropriation (Tex. App., 1st Dist.)

Jan. 6, 2021, 1:09 PM

The Court of Appeals of Texas affirmed a trial court’s denial of HydroChem LLC’s motion to dismiss in Evoqua Water Technologies LLC’s action against HydroChem and others for trade secret misappropriation, violation of the Texas Uniform Trade Secrets Act, and other claims. The Court of Appeals noted that HydroChem moved to dismiss Evoqua’s claims under the Texas Citizens Participation Act’s summary-dismissal provisions, and then found that the denial of the motion was appropriate because the four elements of the commercial-speech exemption to the TCPA apply here. The Court of Appeals found that Evoqua established that (1) HydroChem is primarily in ...