For more than 20 years, Texas personal injury lawyer Jim Adler has called himself The Texas Hammer® and more recently El Martillo Tejano®. After spending millions in television, print, and billboard advertising, Jim Adler with his iconic sledgehammer
Brackett & Ellis, P.C.
Brackett & Ellis, P.C. has been providing a diversified range of transaction and litigation services in Fort Worth, Texas, since 1978. As a midsize law firm, our team offers every client the experience and dedication that is necessary for success. We represent a wide range of clients, from individuals to large companies and nonprofit organizations. For more than three decades, our firm has developed a reputation as a valued corporate citizen in the Fort Worth community.
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Dallas Court of Appeals Addresses the Meaning of “Legal Action” Under the TCPA
In Jones v. Frisco Fertility Center, PLLC, No. 05-21-00008-CV, 2022 WL 17248837 (Tex. App.—Dallas Nov. 28, 2022, pet. filed), the Dallas Court of Appeals addressed whether plaintiff Frisco Fertility Center’s (FFC) request for an injunction against its former employee Dr.…
TTAB Refuses Registration of BILT Mark Based on Likelihood of Confusion
[To highlight B&E’s trademark practice, the Fort Worth Business & Employment Law Reporter is starting a new feature highlighting some of the trademark decisions of the Trademark Trial and Appeal Board.]
Recently, In re Architectural Mailboxes, LLC, the Trademark Trial…
Eastern District of Texas Explores Scope of Trade Secret Use Under Confidentiality Agreement
The case of AMS Sensors USA Inc. v. Renesas Elec. Am. Inc., Civil Action No. 4:08-cv-00451, 2022 WL 2918893 (E.D. Tex. July 25, 2022) considered whether a breach of confidential information agreement could be based products that did not incorporate…
Southern District of Texas Denies Motion for Summary Judgment on Trade Secrets Claim
The case of Vest Safety Medical Services, LLC v. Arbor Environmental, LLC, No. 4:20-CV-0812, 2022 WL 2812195 (S.D. Tex. June 17, 2022) dealt with two issues involving trade secrets. The first issue considered whether the Texas Uniform Trade Secrets Act…
Southern District of Texas Explores Trade Secrets Claims in the 12(b)(6) Context
The case of EthosEnergy Field Services, LLC v. Axis Mechanical Group, Inc., H-21-3954, 2022 WL 2707734 (S.D. Tex. June 10, 2022) considered whether Ethos pled with sufficient detail its Defend Trade Secrets Act (DTSA) and Texas Uniform Trade Secrets…
Eastern District of Texas Explores TUTSA’s Preemption Provision
For years, it was not uncommon for misappropriation of trade secrets claims to be accompanied by a variety of other common law causes of action such as breach of fiduciary, fraud, and conspiracy. The Texas Uniform Trade Secrets Act (…
Southern District of Texas Addresses the Issue of Preemption Under TUTSA
Southern District of Texas Explains Pleading Requirement for Trade Secrets Cases
The case of Bureau Veritas Commodities and Trade, Inc. v. Cotecna Inspection SA, No. 4:21-CV-00622, 2022 WL 912781 (S.D. Tex. 2022) dealt with the application of Federal Rule of Civil Procedure 12(b)(6) to claims under the Defend Trade Secrets Act…
Brackett & Ellis Attorneys Publish Article Regarding the Problems with Texas’s Procedure for Sealing Court Records
As noted on this blog, litigation under the Texas Uniform Trade Secrets Act (TUTSA) often involves sealing court records according to the procedures of Texas Rule of Civil Procedure 76a. Currently, the Texas Legislature is considering…