By issuing In Re: State Farm, the Texas Supreme Court gave lawyers a manual for handling discovery disputes in Texas courts. The opinion lists seven factors for balancing the requesting party’s need for discovery with the responding party’s claim of burden and cost. The factors are: Likely benefit of requested discovery; Needs of the case; […]Read more "Texas Supreme Court Opinion is a Manual for Handling Discovery Disputes"
A duty to use reasonable efforts to preserve potentially relevant information, including electronic data, arises when litigation has commenced or is reasonably anticipated. Today, mobile devices often contain unique, relevant data. Moreover, due to available technology, preserving mobile data is now generally easy and relatively inexpensive. Quite simply, the combination of unique, relevant data with […]Read more "A Duty to Preserve Mobile Data – YES!"
In Fischer v. Forrest, Judge Andrew Peck issued “a wake-up call to the Bar.” This New York federal magistrate judge took lawyers to task for “boilerplate” discovery objections, finding them to violate the 2015 amendments to the Federal Rules of Civil Procedure in multiple ways. Discovery Responses Must Meet Minimum Standards Judge Peck identified certain […]Read more "Boilerplate Discovery Objections Can Harm Your Case (And Cost Your Client Money)"
The Texas Supreme Court issued another trade secret decision on June 10, 2016. In Southwestern Energy Production Company v. Helfand, the Court reversed an award of over $11 million, but has allowed Helfand a second opportunity to prove damages at a new trial. Helfund presented confidential, trade secret data to Southwestern Energy Production Company (“SEPCO”) […]Read more "Texas Supreme Court Reverses Trade Secret Award, But Allows Another Opportunity to Prove Damages"
Texas courts must take seriously any claim that testimony or documents may contain trade secrets. In some cases, courts may even exclude parties from evidentiary hearings, if necessary to protect trade secrets. On May 20, 2016, the Texas Supreme Court issued In Re M-I LLC, regarding a trade secret dispute between M-I, a Schlumberger affiliate, […]Read more "Texas Supreme Court Insists on Due Process"