The Compass

The Compass

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

Category Archives: Data Security

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The New Rule 37(e) Pushes Forward

Posted in Data Security, Discovery, Federal Rules of Civil Procedure
The proposed revision of Rule 37(e), which recently cleared another hurdle in the rulemaking process, could dramatically limit the exposure companies face from spoliation claims. It may also go too far. The current version of Federal Rule of Civil Procedure 37(e) provides that parties who do not appropriately preserve documents related to litigation may face… Continue Reading

Brad Cooper: The Latest Reminder That Howerton – Not Daubert – Controls Expert Testimony In North Carolina

Posted in Data Security, Discovery, NC Rules of Practice and Procedure
It is not often that a homicide case yields important lessons for civil litigators, but the Brad Cooper case does just that.  The Cary, North Carolina resident’s trial and first degree murder conviction for killing his wife and dumping her body at a nearby construction site resulted in national attention, discussion, and debate.  In its… Continue Reading

Non-Compete Agreements Aren’t for Everyone: The Necessity of Proving a “Legitimate Business Interest”

Posted in Contracts, Data Security
It is a longstanding tenet of North Carolina law:  A company must have a legitimate business interest to justify using non-competes in its employment agreements.    Employers often focus on specific language describing the scope of their non-competes – should it be six months, one year or two years?  Should it be citywide, statewide, or is… Continue Reading