The Compass

The Compass

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

Tag Archives: Confidentiality

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

Can You Keep a Secret? Confidentiality Clauses in Settlement Agreements Are For Real

Posted in Contracts, Settlements
If a party to a confidential settlement agreement blabs about the settlement, could the party lose some of the benefits of the settlement?  A recent Florida appellate decision is a good reminder to think carefully about the confidentiality clauses in your settlement agreements both before—and after—you settle your case. (Look for some best practices at… Continue Reading
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