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 […]
When businesses contractually agree that consequential damages caused by a breach of contract cannot be recovered, such provision prevents the recovery of breach-related expenses incurred from dealings with third parties. Crescent University City Venture, LLC v. AP Atlantic, Inc. et. al., 2019 N.C.B.C. 46 (J. Bledsoe).[1] As a […]
Where the Operating Agreement of an LLC allows the company to demand additional capital contributions, a claim related to a member’s failure to make a contribution belongs solely to the company. Bennett, et al. v. Bennett, et al., 2019 NCBC 45 (J. Conrad). As a result, the individual […]
Phil Mohr authors the North Carolina Business Court Report, crafting engaging posts discussing how recent decisions from the North Carolina Business Court impact companies doing business in North Carolina. He is a Partner at Womble Bond Dickinson (US) LLP.
North Carolina Business Court Report 