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Trade Secrets

We vigorously represent clients in the prosecution and defense of trade-secret misappropriation claims. We also assist clients in drafting non-disclosure agreements and counsel clients about best practices for protecting technology and confidential information.


We prosecute and defend trade-secret misappropriation claims and non-compete violations in state and federal court, working, when necessary, with forensic experts to preserve and obtain evidence. In appropriate circumstances, we prepare cases for referral to federal and state authorities for criminal prosecution under the Economic Espionage Act or Texas Penal Code. We assist clients in drafting non-disclosure agreements, license agreements, and non-competes, and we counsel clients about best practices for protecting trade secrets, handling departing employees, and hiring former employees of competitors. We also advise clients on trade-secret protection for intellectual property that might not be suitable for patent, trademark, or copyright protection. We are well versed in the interaction between the Texas Consumer Participation Act (anti-SLAPP) and trade-secret law in both state and federal courts.

TK Partner Herb Hammond named The Best Lawyers in America® 2021 by Woodward/White Inc. for Trade Secrets Law

Named among the top firms in Texas for Intellectual Property in Chambers USA 2020 by Chambers and Partners


  • Represented a manufacturer of an industrial gas used in semiconductor manufacturing processes in a suit against a former employee who set up a competing business in Texas; worked with U.S. Attorney’s Office to obtain a felony conviction and large settlement in state-court case
  • Defended a national jewelry retailer in a trade-secret misappropriation case involving software
  • Defended a national mortgage company against copyright infringement, trade-secret misappropriation, and breach-of-contract claims relating to software for processing mortgages
  • Secured a TRO and preliminary injunction against a start-up company using proprietary server technology covered by trade secrets and nondisclosure agreements, and also handled related issues of potential patent infringement
  • Defended a major material-handling company against claims of trade-secret misappropriation involving airport baggage-handling equipment
  • Represented an international computer company in a suit alleging that a start-up company had attempted to boost its product development by stealing trade secrets and confidential and proprietary information through predatory hiring of our client’s key personnel
  • Represented a bank-services provider by opposing a request for an injunction in a trade-secret, copyright, and unfair-competition case
  • Represented an oil-and-gas drill-bit manufacturer against a competitor that had stolen trade secrets related to the design and manufacture of drill bits
  • Defended a nutritional supplement company involving claims of misappropriation of trade secrets and breach of contract
  • Represented supplier of interactive touch screens in matters relating to protection of company trade secrets
  • Represented medical-device company in assessing and protecting trade secrets relating to the development and design of medical devices
  • Defended healthcare-technology company in action alleging breach of contract and misappropriate of trade secrets
  • Represented major tire manufacturer and obtained temporary restraining order in action against competitor and former employees for misappropriation of trade secrets, breach of fiduciary duty, tortious interference with contracts, and breach of contract
  • Counseled numerous technology clients about how to set up a proprietary-rights protection program to protect trade secrets