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Trade Secrets

May 14, 2015

Tort/Negligence — Trade Secrets Misappropriation – Labor & Employment – Breach of Fiduciary Duty – Civil Practice – Discovery

DSM Dyneema, LLC v. Thagard (Lawyers Weekly No. 15-15-0437, 18 pp.) (Louis Bledsoe III, J.) 2015 NCBC 47 Holding: Even though plaintiff’s allegations of trade secrets misappropriation were not sufficient to permit reciprocal discovery, they were nonetheless specific enough to survive a motion for judgment on the pleadings. The court denies the motion for judgment […]

May 7, 2015

Tort/Negligence — Trade Secret Misappropriation – Beer Growler Wholesaler

Koch Measurement Devices, Inc. v. Armke (Lawyers Weekly No. 15-15-0416, 23 pp.) (Gregory McGuire, J.) 2015 NCBC 42 Holding: Plaintiff alleges that its (now deceased) employee used its confidential information and inventory to help plaintiff’s web hoster to set up a competing beer growler wholesale business. Even though information similar to what plaintiff claims as […]

May 6, 2015

Tort/Negligence — Trade Secret Misappropriation – Departing Employees – Pricing

Safety Test & Equipment Co. v. American Safety Utility Corp. (Lawyers Weekly No. 15-15-0412, 31 pp.) (James Gale, C.J.) 2015 NCBC 37 Holding: Even without covenants not to compete or confidentiality agreements, plaintiff has made out prima facie claims of misappropriation of trade secrets against its former employees and their new employer – plaintiff’s competitor […]

Dec 18, 2014

Civil Practice — Motion to Dismiss – Amended Complaint – Futility – Tort/Negligence – Misappropriation of Trade Secrets

Le Bleu Corp. v. B. Kelley Enterprises (Lawyers Weekly No. 14-15-1160, 10 pp.) (James Gale, Ch. J.) 2014 NCBC 65 Holding: When plaintiffs sought to amend their complaint to add a trade secrets claim, defendants argued the amendment would be futile. However, since other considerations went into Judge Richard Stone’s decision to allow the amendment, […]

Apr 11, 2014

Appeals court vacates $919M trade secrets award

A federal appeals court has reversed a $919.9 million trade secrets award in an unpublished decision that bars the judge who tried the case from hearing it on remand. The decision focuses on the conduct of the case by Senior U.S. District Judge Robert E. Payne. Plaintiff DuPont sued defendant Kolon Industries in 2009 in […]

Dec 13, 2013

Trade-secret lawsuit results in $263K judgment

A software developer who created a unique program to help companies perform well on Internet searches will now have to search for over $263,000 after a Wake County judge ruled that he took protected trade secrets with him when he jumped from his old company to a new one. Michael Marshall is an expert in […]

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