One of the most difficult things about litigating a trade secrets case is how to handle the introduction of evidence containing the trade secret.  The party obviously does not want this information divulged in open court or filed as a public record.  Thus, to get around this problem, the party must file a motion to seal the records with the trial court.

Many litigators believed that the Texas Uniform Trade Secrets Act’s (TUTSA) provision on sealing court records provided an efficient means to obtain such an order:
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Often, in trade secrets and other types of commercial litigation, the courts will enter protective orders so that the parties can exchange trade secret or proprietary information without losing the “secret” nature of the information.  This exchange of information is generally necessary so that the parties can understand the nature of the dispute.  For instance, if the claim is that a competitor misappropriated a customer list, the plaintiff might have to produce the customer list that it claims was misappropriated.  Additionally, the parties often exchange confidential financial information in order to prove their damages.
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