In Re Continental General Tire, Inc., Relator

Summary

The Texas Supreme Court held that under Rule 507 a party asserting a trade‑secret privilege must first prove the information is a trade secret, after which the burden shifts to the requesting party to show the information is necessary for a fair adjudication; the plaintiffs failed to meet that burden, so the trial court's order compelling production of the tire skim‑stock formula was vacated. The Court also clarified that protective orders can satisfy the privilege and that Rule 76a does not automatically defeat the trade‑secret protection.