X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
C O N C U R R I N G OPINION

For substantially the same reasons identified in its opinion, I agree with the majority that the evidence did not conclusively establish (as Boeing acknowledges it must in order for the company to prevail on appeal) that the information Boeing seeks to withhold is a trade secret. For similar reasons, but not those advanced by the majority, I likewise join in the judgment that Boeing is not entitled to have the information withheld under the exception to mandatory disclosure provided in section 552.104 of the Public Information Act (PIA). See Tex. Gov’t Code Ann. § 552.104 (West 2004).

Section 552.104 excepts from mandatory disclosure “information that, if released, would give advantage to a competitor or bidder.” Id. § 552.104(a); see id. § 552.104(b) (providing that this exception applies notwithstanding section 552.022′s general requirement that the so-called “core” public information listed within that section, including “information in [a] . . . contract relating to the receipt or expenditure of public or other funds by a governmental body,” be disclosed unless “expressly confidential under other law”). Boeing insists that release of the information at issue-rental rates, allocated shares of common maintenance costs, financial incentives, minimum insurance requirements, and liquidated damages provisions under its sublease with the Port*fn1 -would “give advantage” to its “competitors” who, like Boeing, pursue large federal government contracts to service and overhaul military aircraft.*fn2 To support this claim, Boeing presented evidence that the information would enable its rivals to (1) calculate or at least estimate Boeing’s costs under the sublease through its 2018 expiration, (2) attempt to negotiate lower-cost or more lucrative arrangements to secure sites for their own operations,*fn3 (3) which, if successful, would provide them a relative advantage with respect to a key component of a company’s “overhead rate” (though, as the majority notes, not the exclusive component of the overhead rate*fn4 ) in bidding for future federal contracts, (4) which would be especially beneficial in winning these contracts because competition centers on bid price and that wages and certain other key bid components, though not all,*fn5 are fixed and standardized. Given the contingencies present in Boeing’s theory, and without additional evidence, I would hold that the evidence again falls short of conclusively demonstrating that disclosure of the information “would give advantage” to Boeing’s competitors, as required by section 552.104.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 18, 2024 - September 19, 2024
Dallas, TX

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
October 15, 2024
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More
April 08, 2025 - April 09, 2025
Chicago, IL

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More

We re a Business Law firm looking to hire an experienced Associate Attorney for our litigation and transactional practices. We have offices ...


Apply Now ›

Salary: $81,785.60 - $131,414.40 Annually Description: The Deputy District Attorney I/II/III performs a variety of professional legal wor...


Apply Now ›

NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY Invites applications for the position of:Senior Attorney - Employment and LaborThe New York ...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›