In Re Bass

The Texas Rules of Evidence protect trade secrets from discovery “if the allowance of the privilege will not tend to conceal fraud or otherwise work injustice.” Tex.R. Evid. 507. We held in In re Continental General Tire, Inc., 979 S.W.2d 609 (Tex.1998), that a party asserting the trade secret privilege has the burden of proving that the discovery information sought qualifies as a trade secret. If met, the burden shifts to the party seeking trade secret discovery to establish that the information is necessary for a fair adjudication of its claim.

Here, non-participating royalty interest owners…