The Compass

The Compass

Charting Business and Technology Litigation in North Carolina and the Fourth Circuit

Category Archives: Appellate

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NC Takes a Big Leap: “Opportunity to Misappropriate” Trade Secrets Enough for a PI

Posted in Inevitable Disclosure, North Carolina Court of Appeals, Trade Secrets
In last month’s Horner v. McKoy decision, the North Carolina Court of Appeals appeared to lower the evidentiary threshold needed to obtain a preliminary injunction preventing the inevitable disclosure of trade secrets.  The Court equated an “opportunity to misappropriate” trade secrets with a “threat of misappropriation” under the North Carolina Trade Secrets Protection Act, without requiring the types of… Continue Reading

Ten Years Later: NC Catches Up With Rule 702, Adopts Daubert and Bids Adieu to Howerton

Posted in Appellate, Discovery, North Carolina Court of Appeals
In January, the North Carolina Court of Appeals decided State v. McGrady, in which it finally addressed the impact of the 2011 amendments to Rule 702.  McGrady confirmed what many practitioners have believed for two and a half years — that North Carolina State Courts must now adhere to and apply Daubert standards to expert… Continue Reading

NC COA: Tillman Substantive Unconscionability Test No Longer Valid

Posted in Arbitration, Class Action Waivers, North Carolina Court of Appeals
Jurisprudence controlling the enforceability of arbitration provisions has been at the forefront of legal attention for the past decade, and the unanimous decision of a North Carolina Court of Appeals’ (“COA”) panel Torrence v. Nationwide Budget Finances proves that it is still evolving.  Here, evolution breeds uncertainty. In 2008, the North Carolina Supreme Court (“NCSC”)… Continue Reading