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Expert Analysis

The Texas 3-Step: Trade Secret Protection After M-I Case

Law360, New York (September 6, 2016, 12:30 PM EDT) -- In May, the Texas Supreme Court set out a clearer standard for balancing trade secret protection with due process rights. In In Re M-I LLC, __ S.W.3d __ (Tex. May 20, 2016), the court addressed an increasingly common problem: How much information must be shared to prosecute a trade secret claim? There is clear tension between the desire to protect the information from additional exposure, and the defendant's need to understand the claims asserted. The court provided guidance to help determine when trade secret protection trumps a party's direct participation at a legal proceeding....

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