Evoqua Water Technologies, LLC and Baker McKenzie prevailed in the Texas First District Court of Appeals when the court issued an opinion on Dec. 31 affirming a trial court's dismissal of a motion to dismiss under the commercial speech exception and other grounds under the Texas Citizens Participation Act. 

The court further upheld a sanctions award under the fee shifting provision of the Act against the plaintiffs for filing a frivolous TCPA motion to dismiss against Evoqua‘s counterclaims.

The TCPA motion sought to dismiss Evoqua’s claims for trade secret misappropriation, breach fiduciary duty, tortious interference and breach of contract against former ProAct/Evoqua employees and their new employer HydroChemPSC, after an acquisition by Evoqua of its ProAct division for over $133 million. 
Baker McKenzie’s trial team is led by partner C. Thomas Kruse and included Alexander Burch, Courtney Giles and Katie Zinecker.

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