It’s pretty basic that your clients should read the agreements that they sign before they sign them. Or you should at least explain to your client the key provisions in what they are going to sign, if they are not going to read it.
Do You Have To Be The Owner Of A Trade Secret To Sue For Misappropriation?
Can an exclusive licensee of a trade secret sue for its misappropriation? Maybe, even though North Carolina’s version of the Uniform Trade Secrets Protection Act reserves the right to sue to an "owner." N.C. Gen. Stat. §66-153.
The Uniform Act, by contrast, allows a "complainant" to bring an action for misappropriation. The Fourth Circuit
Is Your Client’s Customer Information A Trade Secret? Maybe, If You Plead It Specifically Enough.
I have remarked before how hard the Business Court has been on Plaintiffs making trade secrets claims. You can look here and here for example of these prior posts. The Court has often dismissed trade secrets claims on a 12(b)(6) Motion because the trade secrets were not described with sufficient particularity.
This week, in Le
A “Proper” Party Isn’t Necessarily A “Necessary” Party
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What is the difference between a "proper" party and a "necessary" party"? Judge McGuire spelled out the difference early this week in Cape Hatteras Electric Membership Corp. v. Stevenson, 2014 NCBC 62.
Why should you care about the distinction? Because Rule 19 of the North Carolina Rules of Civil Procedure says that all "who
Don’t Try To Get A Retired Business Court Judge’s Orders Changed Or Overruled By A Successor Business Court Judge
When there is a change in the Business Court Judge handling your case, there is probably a natural reaction to try to get the new Judge to revisit rulings by the previous Judge which were unfavorable to your client. That effort is most likely to come to naught, as illustrated by Judge Bledsoe’s decision last
The NC Business Court Rules On Recovering Attorneys’ Fees In A Derivative Action Against An LLC
LLC “Derivative Action” “Attorneys Fees”
Continue Reading The NC Business Court Rules On Recovering Attorneys’ Fees In A Derivative Action Against An LLC
An Important Message From The Business Court On The Proper Filing Of A Notice Of Designation
Yesterday, the Business Court entered an important Order, titled "Order Regarding Notice of Designation and Assignment," in Southern Fastening Systems, Inc. v. Grabber Construction Products, Inc., 2014 NCBC 55.
The Order deals with the time limits for designating a case to the Business Court, and clears up the question of when and where a
Two Things You Should Know If You Are Appealing A Preliminary Injunction On A Covenant Not To Compete
If you are representing a client who has been subjected to an injunction enjoining him from violating a covenant not to compete, and you want to appeal, there are two things you ought to know. One is good for you, the other probably is not so good. They were pointed out in Judge McGuire’s unpublished
Business Court (In Judge McGuire’s First Opinion) Outlines The “Indispensable Requirements” For The Formation Of A Partnership
Well, newest Business Court Judge Gregory McGuire has gotten off to a running start with his first opinion, issued only about a week after his appointment to the Business Court by Governor McCrory. The case is La Familia Cosmovision, Inc. v. The Inspiration Networks, 2014 NCBC 51.
The main issue in La Familia
Trade Secrets Cases In The NC Business Court: You Show Me Yours Before I’ll Show You Mine
There’s a new roadblock for plaintiffs in the Business Court suing over trade secrets. It was imposed last week by Judge Bledsoe in DSM Dyneema, LLC v. Thagard, 2014 NCBC 50, and it bars the plaintiff from proceeding with discovery until the trade secrets allegedly being misused by the defendant are identified with