TUTSA Preemption Does Not Bar Fiduciary Duty Claims Based on Independent Conduct Beyond Trade Secret Misappropriation

The Business Court of Texas denied Ayr Energy's Rule 91a motion to dismiss claims for knowing participation in breach of fiduciary duty, holding that TUTSA preempts only claims premised on the same facts as trade secret misappropriation—not claims based on independent conduct such as employees using company resources to develop competing businesses while still employed. The court further held that a corporate defendant may be charged with knowledge its agents acquired while acting within the scope of their authority in furtherance of the defendant's business.