The Texas Court of Appeals recently ruled against Apogee TX High Plains, LLC, in a case involving allegations of unfair competition and misappropriation of trade secrets. The court's decision, delivered on July 30, 2026, affects Apogee High Plains and its founders, who are accused of unlawfully using proprietary educational materials from Acton Academy, a nonprofit organization. This ruling underscores the legal complexities surrounding educational materials and competition in the private education sector.
The case, Apogee TX High Plains, LLC v. Acton Academy, a Nonprofit Corporation, was filed under docket number 07-26-00161-CV. It arose after Acton Academy, which has been operating since 2009, claimed that Apogee High Plains and its founders misused its proprietary educational materials after their affiliation with Acton was terminated. The court's ruling has significant implications for the way educational organizations protect their intellectual property and how competition is regulated in the educational landscape.
Acton Academy was founded by Jeff and Laura Sandefer and has developed a range of proprietary educational materials. These materials, which are protected by trademark and licensing agreements, were allegedly used by Apogee High Plains without authorization. The dispute began when Acton terminated its agreements with former affiliates, Matt Beaudreau and Tim Kennedy, who had opened schools under the Acton name. Following their termination, Beaudreau and Kennedy established the Apogee network, which Acton claims includes schools that improperly use its materials.
Apogee High Plains was founded in 2024 by Rebecca and Jerry Wehust to provide private educational options in Amarillo, Texas. Acton Academy filed a lawsuit against Apogee High Plains, alleging unfair competition and misappropriation of trade secrets. Acton claimed that Apogee High Plains was using its proprietary materials in violation of Texas law. Apogee High Plains denied these allegations, asserting that it developed its own curriculum based on a unique educational philosophy and that Acton's lawsuit was part of a broader campaign against all Apogee affiliates.
In response to Acton's lawsuit, Apogee High Plains filed a motion to dismiss under the Texas Citizens Participation Act (TCPA), which is designed to protect individuals from lawsuits that aim to silence free speech on matters of public concern. Apogee argued that Acton's claims were based on its constitutionally protected speech and association in the educational arena. However, the trial court denied this motion, leading to the appeal.
The Texas Court of Appeals affirmed the trial court's decision, stating that Acton's claims fell within the TCPA's exemptions. The court found that Apogee High Plains did not meet the burden of proving that Acton's claims were based on protected speech. The court noted, "Acton’s claims are based on allegations concerning Apogee High Plains’ exercise of its right to free speech and association on a matter of concern to the public: education of children."
The court also addressed the issue of trade secrets, confirming that Acton Academy had established a trade secret exemption under the TCPA. The court explained that the allegations against Apogee High Plains arose from an independent contractor relationship between Acton and its former affiliates, who allegedly misappropriated Acton's proprietary materials. The court concluded that Acton's claims were valid and that Apogee High Plains could not dismiss them under the TCPA.
Furthermore, the court ruled that the commercial speech exemption applied to Acton’s claims against Apogee High Plains. The court found that Apogee was primarily engaged in selling educational services and that the statements and conduct at issue arose from commercial transactions involving those services. The ruling stated, "The pleadings show Apogee High Plains was founded as part of the Apogee school network for the purpose of selling educational services and that it has made statements based on its capacity as part of a network marketing those services."
The court's ruling has significant implications for the future of educational organizations and their ability to protect proprietary materials. By affirming the trial court's decision, the court reinforced the importance of safeguarding trade secrets and the competitive landscape in the education sector. The ruling also highlights the need for educational institutions to navigate the complexities of intellectual property law and competition carefully.
Looking ahead, Apogee High Plains may consider appealing the court's decision. However, the outcome of any potential appeal remains uncertain, as the court's ruling is based on established legal principles regarding trade secrets and the TCPA. Details were not available in the court filing regarding any related cases pending or further actions Apogee may take.