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For better or for worse, virtual civil trials—a product necessitated by the pandemic—are likely here to stay. Proponents of virtual civil trials laud the virtual format, in part because it provides participants with opportunities for greater engagement. For example, jurors might be able to see and hear evidence better via their computer screens and headphones than they would in the courtroom. But litigants should beware that jurors are not the only ones with increased courtroom access.
Continue Reading Virtual Trials Increase Courtroom Access but Also Risk Trade Secret Disclosures

Is It Even Possible to Persuade a Biased Juror?

If you recently debated someone who adamantly supported a different candidate than you in the last presidential election, you have good reason to wonder whether there is hope of persuading someone biased against your position in a theft of trade secrets case. Fortunately, jury persuasion happens all the time (and is arguably easier than persuading a voter who holds entrenched opinions about a presidential candidate). You cannot talk a juror out of a deeply held value system; however, you can demonstrate how your case fits within it, and persuade the juror from that vantage point.
Continue Reading You’re the Defense. How Do You Persuade a Pro-Plaintiff Juror?

On September 30, 2020, a Texas federal jury found that San Francisco-based billing technology company Hint Health did not misappropriate the trade secrets of its former partner, Accresa. The jury also rejected Hint Health’s defamation counterclaim and awarded no damages on its breach of contract counterclaim.
Continue Reading Texas Jury Finds Billing Technology Company Did Not Steal Trade Secrets

A Texas appellate court reversed a $740 million trade secret theft and fraud judgment for real estate analytics company HouseCanary against rival Amrock, holding flawed jury instructions require a new trial.

In 2014, Title Source Insurance (TSI), a property valuation and settlement services company, contracted with HouseCanary, a real estate analytics company, to design an app that would allow TSI to perform appraisals more efficiently. The parties specifically agreed not to “decompile, disassemble, reverse translate, reverse engineer, or otherwise attempt to discover or directly access the source code of [the app] or any component or portion thereof.” HouseCanary’s work on the app involved multiple alleged trade secrets, including a complex data dictionary of property valuation attributes and a number of internal calculations and formulas used to evaluate property value. While HouseCanary built TSI’s app, TSI allegedly started developing its own products, utilizing HouseCanary’s protected data and formulas. Eventually the parties’ relationship deteriorated, and TSI accused HouseCanary of failing to deliver on the parties’ contract and sued for breach of contract and fraud. HouseCanary counterclaimed for breach of contract, misappropriation of trade secrets, and fraud. A jury found for HouseCanary and awarded actual and punitive damages.
Continue Reading Texas Court Orders New Trial After $740M Judgment