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On March 11, 2020, the World Health Organization characterized COVID-19 as a pandemic. On March 13, 2020, the President of the United States declared that the COVID-19 outbreak constitutes a national emergency, and the Governor of Texas similarly declared a …


A “trade secret” is broadly defined as any formula, pattern, device or compilation of information unknown to others that gives the owners an opportunity to obtain an advantage over competitors. Public policy supports protecting corporate trade secrets to encourage innovation …


Creating a successful business that can support your family is an amazing accomplishment. And building that business with family you love and trust can make it even more rewarding. Unfortunately, family businesses can fall victim to the same infighting that …


News over the last decade has highlighted the horror stories surrounding fraudulent financial activity and its far-reaching impacts. According to financial regulators, millions of Americans are defrauded every year. With so many predators seeking to steal from innocent investors and …


Many turn to IT support in the event our laptops, home computers, or other devices appear to be having technical difficulties. Recently, however, two individuals were indicted for running what could be one of the largest tech-support scams ever recorded.


The average business loses 5% of its yearly income to fraud according to an Association of Certified Fraud Examiners Global Fraud Study. Increasingly, business fraud takes the form of a Ponzi scheme. Investors and businesses alike need to understand what a Ponzi scheme looks like to avoid falling victim. To confuse things, investments-gone-bad are increasingly being called Ponzi schemes by people who should know better. Failing to recognize the difference can prevent an investor from pursuing the best remedy to recover their investment losses.


The doctrine of sovereign immunity deprives federal and state courts of jurisdiction over suits against governments and their agencies unless the government waives immunity. The Eleventh Amendment enshrines sovereign immunity in our Constitution: “The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State.” In other words, the Constitution divests federal courts of jurisdiction over suits against states or their agencies.


In a previous blog, we discussed trade secrets and how such confidential information can often be ambiguous with regard to how it is classified. This specifically came up in a recent case in Bexar County where a jury found both company models and data could be classified as trade secrets. A jury decided Title Source had stolen proprietary data from startup HouseCanary as it allegedly readied to build its own software suite. This resulted in a $706 million verdict in favor of HouseCanary, which the trial increased to nearly $740 million after denying Title Source’s request to vacate the jury’s decision. Now, Texas justices, have been asked to consider the proper standards and procedures for sealing trade-secret information.


Trade secret protection is often a central concern in litigation. This is particularly true for non-parties asked to disclose information they consider confidential, critical business information. The scope of discovery is broad, with the rules of discovery generally allowing the discovery of any information reasonably calculated to lead to the discovery of relevant, admissible evidence. However, the rules of discovery also allow parties and non-parties to seek protection of privileged and other confidential information, such as trade secrets. This was the case for a non-party medical provider, AD Hospital East, LLC, in Austen Lackey v. Austin Dement and CRST Expedited, Inc., Case Number SA-17-cv-00514, in the U.S. District Court for the Western District of Texas, San Antonio Division.