Recent Posts

Trade Secrets Cases in the NC Business Court: You Show Me Yours Before I'll Show You Mine
Posted on 22 Oct 2014 by Mack Sperling

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... Read More

Trade Secret Plaintiff Avoids Dismissal, Gets Discovery
Posted on 28 May 2015 by Mack Sperling

One of the most interesting Business Court decisions of last year was Judge Bledsoe's opinion in DSM Dyneema, LLC v. Thagard , 2014 NCBC 50 , in which he held that the Plaintiff, which was suing for misappropriation of trade secrets, was barred from... Read More

Chancery Denies Motion to Dismiss for Lack of Indispensable Party in Non-Compete Case
Posted on 25 Jul 2012 by Francis G.X. Pileggi

NuVasive, Inc. v. Lanx, Inc ., C.A. No. 7266-VCG (Del. Ch. July 11, 2012). Issue Addressed : Whether former employees are indispensable parties in a claim against their new employer for breach of a covenant not to compete, and misappropriation of trade... Read More

Judge Cacheris Permits Vicarious Copyright Infringement Claim to Proceed
Posted on 29 Nov 2010 by Lee Berlik

Recovering damages for copyright infringement may be difficult in situations where the infringing party is "dummy" or "shell" corporation with no assets that can be used to satisfy a judgment. Sometimes, however, there may be a parent... Read More

There's a Difference Between "Confidential and Proprietary Information" and a Trade Secret
Posted on 7 Jul 2015 by Mack Sperling

I can't remember the last time that the Business Court granted a motion opposing the designation of a case as a mandatory complex business case. And since the Business Court Modernization Act went into effect in October 2014? I don't think one... Read More

Do You Have to Be the Owner of a Trade Secret to Sue For Misappropriation?
Posted on 9 Jan 2015 by Mack Sperling

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 . ... Read More

An Interesting Trade Secrets Case from the North Carolina Business Court
Posted on 14 May 2015 by Mack Sperling

If you were unsure whether customer information held by your client -- like customer contact information, sales reports, prices and terms books, sales memos, sales training manuals, commission reports, and vendor information -- can be considered a "trade... Read More

Limited Discovery Granded to Lacoste in Counterfeiting Case
Posted on 13 Apr 2011 by Lee Berlik

Lacoste Alligator, S.A., which sells tennis shirts and other apparel with the distinctive green crocodile logo in high-end stores like Nordstrom and Saks Fifth Avenue, will get a chance to find out, through discovery in a lawsuit, which of its distributors... Read More

It Can Be a Tough Road for Trade Secrets Plaintiffs in the NC Business Court
Posted on 29 Oct 2015 by Mack Sperling

If you are a regular reader of this blog, you know that litigating a trade secrets case in the Business Court can be tough. Last year, the Court barred a plaintiff from engaging in any discovery at all until it identified its allegedly misappropriated... Read More