In Motion Medical Technologies v. Thermotek, the Fifth Circuit reversed a jury’s award of over $1.5 million in fraud damages because the award was based on evidence of gross profits, not net profits.
Tenth Circuit holds that plaintiff must prove irreparable harm to get a preliminary injunction under the Defend Trade Secrets Act
Horizon v. Acadia finds expert’s assumptions too speculative to support lost profits verdict Mamas, don’t let your babies grow up to be damages experts in Texas. That’s the refrain CPAs may feel like singing after the Texas Supreme Court recently raised the bar for proving lost profits damages in trade secrets lawsuits—again. It started in 2016 with Southwest Energy v. Berry-Helfand, where the damages expert calculated lost profits for misappropriation of oilfield trade secrets by assuming a flat reasonable royalty rate of 3%, which was consistent with industry standards. As I reported here, the Texas Supreme Court said this opinion […]
These special “Fiver Rules” recognize the reality of modern litigation practice.
Texas Ethics Opinion 665 says Texas lawyers have an ethical duty to avoid inadvertently disclosing confidential metadata, but not an ethical duty to disclose they received inadvertently-sent confidential metadata
Steak N Shake case holds that the Texas sexual harassment statute does not preempt a common-law assault claim if the “gravamen” of the claim is assault
Texas lawyers may not be billing as many hours on ordinary requests for production, if some proposed changes to the discovery rules are made.
Find out the key “sub-rules” that determine whether you can sue a non-Texas company in Texas for taking trade secrets from Texas
Find out the key issues that were argued in a packed courtroom in the “Houston College of Law” trademark litigation
Get the slides to our webcast on Southwestern Energy v. Berry-Helfand and what it means for lost profits damages in trade secrets cases and other cases