Judge Andrews Establishes Framework for Attorney's Eyes Only Designations and In-House Counsel Access in Discovery Disputes

In Westlake Longview Corp. v. Eastman Chemical Co., the Business Court of Texas, 11th Division, granted in part Eastman's motion for a two-tiered protective order with an Attorney's Eyes Only designation for commercially sensitive information, but declined to rule on which specific materials merit AEO protection or whether particular in-house counsel should have access. The Court held that both determinations require a balancing of competing interests based on specific, non-conclusory evidence that had not yet been presented.