The Compass

The Compass

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

Tag Archives: Compass blog

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

Fourth Circuit Gives Mayweather a Knock-Out on Flawed Damages Evidence

Posted in Copyright, Fourth Circuit
Undefeated welterweight boxer Floyd Mayweather, Jr. has added to his string of victories, with his most recent win coming from the Fourth Circuit in the decision Dash v. Mayweather.  In its decision, the Fourth Circuit provided noteworthy guidance to copyright litigants regarding the sufficiency of expert damages testimony. In 2009, Mayweather was sued by music… Continue Reading

Employees Who Download Trade Secrets As They Head Out the Door Can Be Guilty of TS Theft, Even Before They Make Use of the Info

Posted in Trade Secrets
When a high-level employee leaves the company, downloads sensitive company trade secrets on her way out, but hasn’t yet used or disclosed the info to a new employer, what options does the company have to keep the information confidential? Before the 9th Circuit’s Nosal and the 4th Circuit’s WEC Carolina Energy decisions last year derailed the argument,… Continue Reading

Class Action Waivers in Arbitration Clauses are Enforceable

Posted in Arbitration, Class Action Waivers
Recently, in American Express Co. v. Italian Colors Restaurant, a sharply divided United States Supreme Court issued the latest in a series of opinions that protect the enforceability of arbitration agreements.  Our previous post about oral arguments in the case can be found here.  The Supreme Court’s decision clears the way for businesses to require… Continue Reading

Tick Tock: the Pendulum Swings Back to a World of Proportional Discovery

Posted in Discovery, Federal Rules of Civil Procedure, NC Rules of Practice and Procedure
The Colorado Supreme Court’s recent holding in DCP Midstream, LLP v. Anadarko Petroleum Corp. — that trial courts must actively manage discovery in their cases — may be a harbinger of the new normal in discovery practice.  The opinion is the latest example of the inexorable shift away from the liberal, all-you-can-eat discovery mindset back to… Continue Reading