On April 19, a divided Texas appellate panel reversed a jury’s $4.5 million award of exemplary damages, finding no evidence of malice in a hydraulic fracturing trade secret misappropriation case. Shale Exploration, an independent Oil and Gas Exploration company, accused Eagle Oil & Gas of breaching a confidentiality agreement and engaging in theft of trade secrets (Shale’s identification and compilation of mineral interest owners). However, the Court found no evidence of malice despite even testimony of Shale’s own President. The panel affirmed all other findings of the lower court’s decision.
