On January 4, 2023, the Dallas Court of Appeals in Texas affirmed a summary judgment in a trade secrets physician staffing case that stands as a warning to practitioners regarding (1) what constitutes sufficient damages evidence to survive summary judgment, and (2) whether something can be considered on appeal that has been sealed or subject to a confidentiality agreement.

backgrounds

In March 2017, hospital staffing company Emergency Staffing Solutions Inc. (“ESS”) sued its two former employees, Harvey and James, for breach of their non-competition agreements by virtue of their new employment with its competitor, Concord, and solicitation of ESS’s customers