Imagine you are int he courtroom with your lawyer in a trade secret lawsuit. Your company is accused of stealing trade secrets from a competitor. Then imagine the Judge tells you you have to leave the courtroom because the other side does not want yout to hear what its trade secrets are. This issue (though a little more complicated) is pending before the Texas Supreme Court. The Plaintiff sued the departing employee and his new employer for stealing trade secrets and sought an injunction. During the injunction hearing, the Plaintiff asked to exclude the corporate representative from the courtroom because they were about to talk about trade secrets. The Judge said he wasn’t going to do that and now the parties are in front of the Texas Supreme Court. It seems counterinuitive that a judge would exclude a party that is accused of stealing trade secrets from hearing what the trade secrets are. The Plaintiff asserts the party can adequately defend itself with experts/lawyers and it shouldn’t have to share trade secrets with a competitor that doesn’t know what they are. We’ll continue to monitor the case and let you know what the Texas Supreme Court decides.
Here is a link to the article I am quoted in from Law 360: Texas Trade Secrets Law Gets 1st Test In Schlumberger Fight – Law360