The attorney for the Plaintiff in Preiss v. Wine and Design Franchise, LLC, 2018 NCBC 53, apparently didn’t bother to read the Business Court’s Rules on what must be done in order to file a document under seal. That
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NC Business Court Rejects The Idea Of A “Settlement Privilege”
Statements made in the course of settlement negotiations are inadmissible at trial, per Rule 408 of the NC Rules of Evidence. But does that dead end to admissibility protect against the production of such items during discovery? No, said…
Another NC Business Court Appeal Bites The Dust
I guess that every North Carolina lawyer doesn’t know that since October 2014, appeals of final decisions by the NC Business Court go directly to the NC Supreme Court instead of to the NC Court of Appeals. You didn’t know…
NC Business Court On Shareholder Inspection Rights
It’s been a while since the Business Court devoted a full opinion to a shareholder’s rights to inspect corporate records. But last week, Judge Bledsoe filled that gap with his Order and Final Judgment in Sharman v. Fortran Corp., 2018…
NC Business Court: Choice Of Law Dooms Trade Secrets Claim
What choice of law rule applies to trade secrets claims? No North Carolina appellate court has answered that question, but Judge Robinson of the NC Business Court stepped into that breach in his Opinion in SciGrip v. Osae, 2018 NCBC 10…
“Holding All The Cards” And Fiduciary Duty Claims
It is hard to base your case on a breach of fiduciary duty when there is a contract in place between the parties. Contracting parties owe no special duties to each other beyond the terms of the contract. Branch Banking…
A Case Doesn’t Have To Be “Complex” To Be Designated To The NC Business Court
The North Carolina Business Court sent a message to all lawyers practicing in the Business Court last week in Barclift v. Martin, 2018 NCBC 5. Judge Gale said in the ruling that:
The Court is publishing this Order &…
You Don’t Want Your Confidentiality Agreement Evaluated Like A Non-Compete Agreement
You probably think that you can avoid having a confidentiality agreement struck down by an NC court because it doesn’t have to meet the stricter standard applied to non-compete agreements.
The NC Business Court’s Opinion this month in Duo-Fast Carolinas,…
NC Business Court Approves Another Disclosure Only Class Action Settlement
Judge Gale’s approval last week of a class action settlement, in In re Krispy Kreme Doughnuts, Inc. Shareholder Litigation, 2018 NCBC 1 gives me another opportunity to rail against disclosure only settlements. You know that I don’t like them. …
NC Business Court On Conversion Of Electronic Data
The Defendant in SQL Sentry, LLC v. ApexSQL, LLC, 2017 NCBC 105 was alleged to have copied the Plaintiff’s software program which was designed to make “resource intensive T-SQL queries. . . in the Microsoft enterprise database platform, SQL Server.” Op.…