Kajima, a construction contractor, hired expert witness Hutchison to testify in a dispute with Formosa Plastics over a plant expansion project. Formosa tried to disqualify Hutchison because a colleague had previously worked with Formosa, claiming a conflict of interest. The Texas Court of Appeals ruled that Formosa failed to prove Hutchison actually received confidential information or that a confidential relationship existed, so Hutchison was allowed to testify. This protects your right to use qualified experts even if their firm has worked with the opposing party.
A company cannot automatically disqualify an expert witness just because their firm previously worked with the opposing party—they must prove actual confidential information was shared.