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 […]
Where a business suffered a purely economic loss as a result of the failure of another to fulfill its contractual obligations, no negligence claim exists unless a separate duty is proven. Crescent University City Venture, LLC, et al. v. AP Atlantic, Inc. , et al., 2019 NCBC 48 […]
Where a business contractually agrees to arbitrate in North Carolina does not mean that the business has consented to litigate in a North Carolina court. Curvatur, Inc. v. Cantel Computer Services, Ltd., 2019 NCBC 47 (J. Conrad). As a result, absent other evidence that satisfies a party’s requisite […]
Where a company is liable for injuries to a third party solely because of the actions of another business, the company can only obtain common law indemnity and statutory contribution if the injury to the third party is a tort and not simply a breach of contract. Crescent […]
Philip Mohr