Imagine the following scenario: Your company has filed several lawsuits around the world, all concerning generally the same subject matter, but against different parties because of jurisdictional limitations. The litigation overseas is subject to discovery rules that are far more limited than those available in the United States. The U.S. litigation has been stayed pending the result of the foreign matter. However, important information and witnesses that are useful in prosecuting the foreign litigation are located in the U.S., outside of the foreign court’s jurisdiction and applicable discovery rules. In this complex situation, is there any way to obtain that critical bit of information? Or can the U.S. witnesses evade all production and testimony because of jurisdictional bounds? READ MORE
Last week, multinational mining giant Rio Tinto asked a federal court in Manhattan to shield its document disclosures to the Securities and Exchange Commission (SEC) from the public eye. Unlike the typical cases we discuss involving former employees working for competitors, Rio Tinto is defending against fraud claims brought by the SEC that implicated the company and two of its former top executives. READ MORE
In trade secret cases, it is often the case that a defendant company and employee accused of trade secret misappropriation enter into a joint defense agreement. Often under such JDAs, facts, strategies and documents are shared with the understanding that they will remain confidential. READ MORE
This past summer, we reported on an emergency petition to Justice Clarence Thomas of the United States Supreme Court to stay a Florida Supreme Court’s decision permitting disclosure of documents submitted under seal during a trial challenging Florida legislature’s redistricting process. The emergency petition was filed by Patrick Bainter and Data Targeting, Inc., political consultants hired by the Republican Party of Florida to assist with the redistricting process in that state. At issue in the petition were more than 500 pages of documents that purportedly contained confidential READ MORE
California trade secret litigators likely know all about California Code of Civil Procedure Section 2019.210. Those that don’t, should.
Section 2019.210 provides that before commencing discovery in a trade secret litigation, the party alleging trade secret misappropriation must identify the allegedly stolen trade secret “with reasonable particularity.”
For plaintiffs, this rule is no joke. It has sent many a plaintiff back to the drawing board trying, again and again, to adequately identify their stolen “special sauce.” It can be supremely frustrating. READ MORE
On August 22, 2014, the Texas Supreme Court ordered oral argument in In re: Magnum Hunter Resources Corp., a case concerning the discoverability of third-party trade secrets documents in civil cases. When should such documents be produced? And who gets to see them?
A simple summary of the facts of Magnum Hunter are as follows:
Party A hires Law Firm to help it negotiate a contract with Party B regarding an oil and natural gas venture. Party A and Party B ultimately reach an agreement on the venture and enter into a contract that says that Party B will provide to Party A all reports related to the venture upon request, provided that Party A agrees to treat such reports as confidential information.