Jeff MacHarg and Alexandra Hirsch
To secure a preliminary injunction, a party must present evidence of two things, and fast: (1) likelihood of success on the merits; and (2) irreparable
Continue Reading Denied! Judge Davis rejects a “half-hearted” approach to obtaining a preliminary injunction
If a company contracts to acquire software which it then licenses to a third party as a component of a lucrative service package, did it “sell” the software? In Value
Continue Reading North Carolina Supreme Court Unpacks a Service Contract and Finds a Potential Software Sale Lurking Within
An employee trading places among industry competitors allegedly provided his new employer with bidding and pricing information so critical that the receiving company’s CEO thought it was a “gold mine”
Continue Reading A Trade Secret Tale: When a “Gold Mine” is not Worth the Digging
When a party has a second chance for its experts to make a first impression on a court, it’s best to not plan on there being a third.
In Vitaform
Continue Reading An Expert that is Thorough, but Thoroughly Misses the Issues at Play, Gets No SayAs a still-young judicial panel, the Business Court frequently has an opportunity to define its boundaries in the face of challenges to its jurisdictional reach. In Inhold, LLC v. PureShield,
Continue Reading Business Court Confirms the “Special” Cases Where State Law Claims “Arise Under” Federal Law Remain a Rarity
A familiar Business Court journey – former employees and alleged trade secret misappropriation – took a detour in Lowder Construction, Inc. v.
Continue Reading How High is the Bar to Prove a Plaintiff’s Complaint is a Mere Sham?
Here at the blog, we love a well-crafted set of local rules as much as the next lawyer. (Yes, we hear you laughing; we’re the folks who recap decisions about
Continue Reading A Business Court Reminder: Pleading Around Facts Rarely Turns Out Well
Following up on my post from earlier this week, the Mecklenburg County Business Court CLE concluded on Friday with the panel of Judges, Chief Judge Bledsoe, Judge McGuire,
Continue Reading What the Business Court Judges Want You to Know
Sometimes when seeking a trail of breadcrumbs to help unwind a twisty problem, one finds the whole loaf, instead. So it was for the N.C. Business Court in granting a
Continue Reading A Worldwide Covenant not to Compete May Someday Merit a Preliminary Injunction, but it Won’t Likely Come Soon in the N.C. Business Court.
When one business buys another business, the buyer might assume that it’s just stepping into the shoes of the purchased entity, especially as to employees that stay on. But a
Continue Reading Employer Tip: Don’t Forget to Re-Up Your Employment Agreements