Where an agreement provides that “any dispute… arising out of the agreement” would be settled by binding arbitration in accordance with “the Rules of the American Arbitration Association,” such language provides “clear and unmistakable evidence” of the parties’ agreement to delegate certain substantive issues—like the availability of class […]
Where a claim for unfair or deceptive trade practices pursuant to N.C.G.S. §75-1.1, et al. (“UDTP”) would be barred because a defendant qualifies under the statute’s “learned profession” exception, such exception is not applicable to a plaintiff’s common law claim of unfair competition against the same defendant. Southeast […]
Whether a president or other high-ranking officer of a business can be deposed will not be determined by the federal courts’ officer-friendly “Apex Doctrine,” but instead by the liberal discovery rules of N.C.R.C.P. 26 and the extent of the officer’s personal knowledge about the issues. Duke Energy Carolinas, […]
Where a business alleges that a former employee stole its confidential information and gave it to a competitor which then used it to compete, the business has no claim for unjust enrichment against the former employee or competitor. KNC Techs., LLC v. Tutton, et al., 2019 NCBC 71 […]
Where a business fails to allege that it was denied the opportunity to investigate certain representations or that it could not have learned the true facts about the representations through reasonable due diligence, its claim that it was fraudulently induced into entering into a contract based on those […]
Where an employee used his own computer to access his former employer’s computer network and take its confidential information, he might not be liable under North Carolina’s Computer Trespass law, N.C.G.S. §14-458. Encompass Services, PLLC v. Maser Consulting, P.A. and Hilsman, 2019 NCBC 66 (J. McGuire). Nonetheless, because […]
Where a business’ employment agreement with its officer contained both a time-limited non-compete and an indefinite non-disclosure provision, the non-disclosure provision can survive even if the non-compete is deemed unenforceable. NFH, Inc. v. Troutman, et al., 2019 NCBH 64 (J. Robinson). As a result, the business could maintain […]
Where a business failed to ensure that its investment banker maintained the confidential nature of company-related information shared with third-parties, the shared information lost any trade secret designation. Aym Technologies, LLC v. Rodgers, et al., 2019 NCBC 63 (J. Bledsoe). As a result, the business could not maintain […]
Where a business claims emails were privileged because they had been forwarded to its in-house and outside counsel, the Business Court will examine whether the business sought legal advice from its lawyer based upon the contents of the cover email sent to the lawyer. Window World of Baton […]
In order to maintain a claim for tortious interference with contract, a business must prove that the bad actor induced a third party to breach the agreement, something which cannot be inferred merely because the third party simply breaches the contract. Southeast Anesthesiology Consultants, PLLC v. Rose, et […]
Philip Mohr