An important part of pre-trial preparation is discovery. This case will get us thinking about what information should, or should not, be subject to discovery.
Tech Software Consultants (TSC), contracted with Tech Pros to provide specialized software and software systems for Tech Pros' clients based upon a technology being developed by Tech Pros.
Tech Pros agreed to provide TSC with hardware with which TSC's software would interface. Unfortunately, problems arose shortly after work began. TSC claimed that Tech Pros' hardware was defective and that this made it difficult to develop the software.
Tech Pros countered that its hardware was fully functional and that it was TSC that had failed to provide supporting software. TSC told Tech Pros that it considered their contract terminated. Tech Pros filed a suit in a state court against TSC alleging breach of contract.
During discovery, Tech Pros requested TSC's customer lists and marketing procedures. TSC objected to providing this information because Tech Pros and TSC had become competitors in the same industry.
What do you think of Tech Pros request for TSC's customer lists and marketing procedures? Is it appropriate? Should it be granted?
If you are a party in a lawsuit, should ever have to surrender confidential information as part of a discovery request? Why or why not?
What limitations (if any) could a court implement before requiring TSC to surrender this information to Tech Pros?