This Law Firm Publication by Fisher & Phillips LLP discusses In Re M-I L.L.C. d/b/a M-I Swaco, in which the Texas Supreme Court addressed but did not decide whether, in a trade secrets litigation, the company that is alleged to have misappropriated trade secrets may have a corporate representative in the courtroom or whether that individual's presence threatens the secrecy of the plaintiff company's alleged trade secret. The Texas Supreme Court faulted the trial court judge for determining that excluding the corporate representative from the courtroom would be a violation of due process rights, without balancing the competing interests of both sides. It further stated that although there is a presumption in favor of parties being present, there are circumstances when countervailing interests overcome the presumption. The Texas Supreme Court found neither interest to be absolute and cited factors that the district court should have considered when balancing the interests of both parties.