Trade Secret Privilege Waived When Not Asserted Before Discovery Ruling Under Rule 193.3

In SafeLease Insurance Services LLC v. Storable, Inc., the Business Court of Texas denied reconsideration of a discovery order compelling production of a customer list, holding that Storable failed to preserve its trade-secret privilege under Texas Rule of Civil Procedure 193.3(a) by raising it for the first time in post-ruling motions. The memorandum opinion addresses whether parties must affirmatively assert privilege claims in discovery responses rather than after an adverse ruling, and whether trade secrets may be discoverable when necessary for antitrust claims and protected by agreed protective orders.