Complete Bar on Use of Overseas Litigation Support Services for Confidential Information Rejected

The court rejected defendants' proposed protective order provision regarding transmission of protected information outside the U.S. "Defendants take issue with Plaintiff’s plan to outsource litigation services to overseas vendors. In support of a complete bar on overseas transmission, Defendants point to a situation in an unrelated case before Judge Everingham in this District where a security breach occurred at an overseas third party vendor potentially causing sensitive information to be leaked despite the existence of a protective order. . . . Although the Court is mindful of Defendants’ concerns regarding the disclosure of confidential or highly confidential information, it is not persuaded that one unfortunate incident that occurred in an unrelated case amounts to a 'clearly defined and serious harm' such that all transmission of confidential material outside of the United States should be forbidden."

EON Corp. IP Holdings, LLC v. Landis+Gyr Inc., et. al., 6-11-cv-00317 (TXED June 12, 2012, Order) (Love, M.J.).