The economic and employment instability from the COVID-19 crisis has opened the doors for trade secret litigation, with Texas taking the lead. In his commentary, “Texas Flood: Protecting Against the Rising Tide of Trade Secret Litigation,” published in Texas Lawyer, LPHS partner Chris Patton warns businesses of the new normal and urges companies to reexamine their playbooks.

“The surge in employee turnover set off by the COVID pandemic creates a special security risk for companies, many already fighting to stay afloat in the wake of evolving stay-at-home orders. The now-familiar “virtual office” threatens to become a virtual sieve, as businesses are forced to entrust trade secrets to employees working remotely. This information diaspora becomes even more problematic when companies have to lay off or furlough their staff. Insider knowledge can create a tempting advantage for laid-off employees seeking work, or for recent hires eager to gain a leg up with their new bosses.”

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