The following exchange is fit for a cartoon, but it illustrates the state of trade secret litigation in Texas today: Plaintiff sues defendant for allegedly using misappropriated trade secrets, but does not want to reveal any details due to legitimate fears of sharing confidential information; rightly so. On the other hand, the defendant needs to know what constitutes a plaintiff’s trade secret in order to mount a defense. And so, the parties spar until a judge renders a decision, which frequently varies widely from case to case and from judge to judge.
The Texas Supreme Court can finally resolve this dilemma in In re: M-I, LLC, d/b/a M-I SWACO, a trade secrets misappropriation case involving two direct competitors in the oil and gas industry. The court is expected to set the ground rules on how to balance the competing interests of parties involved in these types of disputes.
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