FWIW, Texas' "rule of optional completeness"--the thing they just spent a half hour fighting over--is an evidence rule that provides one party an opportunity to rebut potentially misleading testimony, such as if a party offered a statement into evidence like "I didn't shoot the defendant" while omitting "before 11 pm." I really don't get why FloKaren saw the need (and neither did the judge) to employ this because (a) all this evidence can be repackaged at closing and has already been heard; and (b) it's a bench trial, not a jury trial, so jury prejudice isn't really a danger.
Certainly had JJag in a huff!!! No wonder FRL danced around the utter vacuous stupidity of the Positive Infinity campaign
Did Willie ask Pyles if he had a plan?Certainly had JJag in a huff!!! No wonder FRL danced around the utter vacuous stupidity of the Positive Infinity campaign
Are you going to be posting video of today’s tribal? Had to work, so I couldn’t live stream.Judge Livingston ripped FloKaren's head off over a common issue, whether Party A received a file from Party B.
Livingston then asked Flo's Machuca a question that I'm guessing not many saw as significant but definitely was. She'd asked, with respect to the spreadsheets at issue that Willie used to compile the rankings, whether any particular data point contained within the spreadsheets was proprietary or a trade secret, and Machuca had to admit no. This is important because case law distinguishes between trade secrets that are the produce of your own intellectual efforts, and those that are merely compilations of publicly available data; courts have been less friendly the latter. I don't quite know how Texas handles it (because the issue will more naturally arise in federal court) but federal courts require a higher showing, and you'll typically see language "painstaking arrangement," "years of expense," "massive compilation," and so on. Viewing Willie's (or anyone's) rankings as trade secrets is a real stretch because
That said, courts have been overly flexible, in my opinion, in allowing the vast overexpansion of trade secrets and patents.
- they're essentially the intellectual product of one person--not so different from a journalist's impressions of an event or events except that they're numerically ordered. Even while they're secret (which is a requirement for trade secret protection) they have practically no intrinsic value if they're disaggregated from their source (the journalist)--i.e., if I possessed Willie's rankings and took his name off I'd have no market to sell them; their value derives from their being Willie's rankings; and
- they're temporal--their value essentially expires in the days after publication.
*trialAre you going to be posting video of today’s tribal? Had to work, so I couldn’t live stream.
I thought Machuca was awful on Friday. If she was coaching him, it was Minkle-esque.The biggest mistake in this trial is allowing Karen to coach the witness. There's a reason that she is sitting across from him.
What would make my day:We're back. Karen still complaining about the phrase "Big Board"
What would make my day:
A screen capture of a text or email from Pyles complaining about @jammenz and his tough FRL questions
The Flo lawyer was questioning Willie, at least from my non-law point of view, about having Floreani/Rokfin and/or his(Willie's) page on Rokfin "targeting" certain wrestling things and on Willie's list of targets was who's #1. Willie said he just used that phrase as a general thought about an all star event.They did just show someone asking the FRLQuestion of will Flo still have Who's #1 after Willie left (saw the screen but had sound off at the time so don't know what was asked)
https://twitter.com/CPyles8What would make my day:
A screen capture of a text or email from Pyles complaining about @jammenz and his tough FRL questions
Has he ever blocked you? You’re such a gadfly when it comes to freestyle - I enjoy you tweaking all of themhttps://twitter.com/CPyles8
like all the best people
Sorry, I linked his blocking of me, but I didn't understand that others wouldn't be able to see the block.Has he ever blocked you? You’re such a gadfly when it comes to freestyle - I enjoy you tweaking all of them
Haha. Such a snowflakeSorry, I linked his blocking of me, but I didn't understand that others wouldn't be able to see the block.
You’re blocked
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When the PE guys come in, everything turns to shit except for their bank accountsFunny thing is that we used to get along until Flo told him that a sense of humor was against corporate policy.
Well said. I fell out of love with Flo when CP came on board. Real loser of a guy.Funny thing is that we used to get along until Flo told him that a sense of humor was against corporate policy.
Well said. I fell out of love with Flo when CP came on board. Real loser of a guy.
I like CP. Flo would be nothing without him IMHO. From what I gathered from last week's proceedings (thanks Tikk!), CP is basically running the show on the wrestling side of the business. It's no surprise he's a "company man" and who can blame him? It's his livelihood after all, not a hobby. As for Willie, I'm reserving judgment for now simply because I haven't followed the entire trial. I will say he seems to have brought this on himself and he seems to be his own worst enemy. We'll see.Well said. I fell out of love with Flo when CP came on board. Real loser of a guy.
Don't think there is any court on Weds Veteran's Day.I actually don’t mind CP, but although I missed most of today I am looking forward to him as a witness here. Also curious what they will say is the reason if he misses FRL. Sounds like Karen has more questions for Willie starting tomorrow.
Get that video up my man. I'm anxious to catch up. I'm assuming they were in trial again today too?Tomorrow, yes.
Don't think there is any court on Weds Veteran's Day.
Yeah, I'm sorry about that. I'm having real problems with my Youtube account, where videos stop uploading at the 99% mark. It's happened 5 times now, and I'm working on workarounds. Will get back to you.Get that video up my man. I'm anxious to catch up. I'm assuming they were in trial again today too?