The Compass

The Compass

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

Tag Archives: inevitable disclosure

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

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

Trade Secret “Inevitable Disclosure” Doctrine Taking Shape in NC

Posted in Trade Secrets
Although the wait continues for those seeking to learn how the “inevitable disclosure” doctrine may apply in North Carolina trade secret cases, the question no longer appears to be whether the court may apply the doctrine–at least in the North Carolina Business Court.  In Allegis Group, Inc. v. Zachary Piper LLC, Judge Gale provides some helpful insights… Continue Reading
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