Powered by OpenAIRE graph
Found an issue? Give us feedback
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/ SSRN Electronic Jour...arrow_drop_down
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/
SSRN Electronic Journal
Article . 2015 . Peer-reviewed
Data sources: Crossref
versions View all 1 versions
addClaim

Discovery Sharing in Texas: Litigant Confidentiality v. Litigation Costs

Authors: Dustin B. Benham;

Discovery Sharing in Texas: Litigant Confidentiality v. Litigation Costs

Abstract

Texas courts have long allowed discovery sharing between similar cases. Discovery sharing has a multitude of systemic benefits — not the least of which is reducing pretrial litigation costs. Despite these advantages, some contend that the Supreme Court of Texas should forbid the practice in cases involving trade secrets. But the court should not limit discovery sharing — doing so runs contrary to Texas and federal efforts to reduce undue litigation expenses. This Article is the first significant piece of scholarship to evaluate these arguments in light of historic and recent efforts to make Texas and federal pretrial procedure more efficient. After evaluating both pro- and anti-sharing positions, the Article concludes that sharing furthers pretrial efficiency without unduly compromising trade secret and other proprietary information.The Article proceeds in four parts. First, it examines the development of discovery sharing as a routine practice in Texas courts. Second, the Article considers some common arguments against discovery sharing. Third, it briefly examines the relationship between sharing and efforts to reduce pretrial costs, both in the Texas and federal court systems. Finally, the Article concludes that sharing is a practice that both reduces costs and is compatible with litigants’ proprietary information interests, even in cases involving trade secrets.

Related Organizations
  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    0
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
bronze
Related to Research communities