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Wolfspeed, Durham-Based Semiconductor Producer, Fighting Financial Peril in the Market and Employee Exits in the Courts

Wolfspeed, a Durham-based silicon carbide semiconductor business, has plenty on its plate these days amid media reports of an impending bankruptcy reorganization. While such a filing would be aimed at a short(ish) judicial...more

Court Looks Closely, but Sees no Whistleblower Story to Support Fired Employee’s Download of Key Documents

More than 500 sequentially accessed files downloaded to a personal thumb drive, and a description in a verified complaint of the purported confidential information and trade secrets implicated, were the key components of the...more

A Rule 4 Service Drama: all FedEx, DHL and UPS Delivery Modes are not Created Equal

A counterclaim plaintiff’s claims in a complex trade secret action involving the development of cell-cultured human milk suffered a rather pedestrian fate given the important technological stakes. The counterclaim defendants...more

A Trade Secret Tale: When a “Gold Mine” is not Worth the Digging

An employee trading places among industry competitors allegedly provided his new employer with bidding and pricing information so critical that the receiving company’s CEO thought it was a “gold mine” it could use “to...more

An Expert that is Thorough, but Thoroughly Misses the Issues at Play, Gets No Say

When a party has a second chance for its experts to make a first impression on a court, it’s best to not plan on there being a third. In Vitaform, Inc. v. Aeroflow, Inc.¸ 2023 NCBC 20A, the Business Court afforded...more

Business Court Confirms The “Special” Cases Where State Law Claims “Arise Under” Federal Law Remain A Rarity

As a still-young judicial panel, the Business Court frequently has an opportunity to define its boundaries in the face of challenges to its jurisdictional reach. In Inhold, LLC v. PureShield, Inc., 2021 NCBC 2, the Court...more

How High Is The Bar To Prove A Plaintiff’s Complaint Is A Mere Sham?

In the Business Court, Consider it Pole Vaulting- A familiar Business Court journey – former employees and alleged trade secret misappropriation – took a detour in Lowder Construction, Inc. v. Ronald Phillips, et al.,...more

A Business Court Reminder: Pleading Around Facts Rarely Turns Out Well

Here at the blog, we love a well-crafted set of local rules as much as the next lawyer. (Yes, we hear you laughing; we’re the folks who recap decisions about business law instead of episodes of Watchmen or The Marvelous Mrs....more

A Worldwide Covenant Not To Compete May Someday Merit A Preliminary Injunction, But It Won’t Likely Come Soon In The N.C. Business...

Sometimes when seeking a trail of breadcrumbs to help unwind a twisty problem, one finds the whole loaf, instead. So it was for the N.C. Business Court in granting a preliminary injunction on a claim for misappropriation of...more

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