- North Carolina Doctor Groups and N.C. Medical Board Disagree on Whether Medical Malpractice Settlements Should Be Made Public
Posted May 13, 2008, 12:50 am by Michael A. DeMayo
The North Carolina Medical Board wants doctors in the state to list online any medical malpractice settlements that they've been involved in. Data would include the doctor's name and the settlement-although the amount of the settlement would not be published. The doctor would also be given the option of posting an explanation for the settlement. The information would remain on the doctor's profile for seven years. North Carolina Doctor groups have expressed concern that while they agree that...
- Eaton Aerospace Trade Secrets Criminal Case Has Seven of Twelve Counts Dismissed
Posted May 12, 2008, 4:00 am by Todd
The Mississippi Clarion Ledger is reporting that 7 of 12 criminal charges brought against five former Eaton Aerospace employees have been dismissed and that federal prosecutors intend to appeal that decision. Federal District Court Judge Barbour threw out the first five counts of the latest indictment, saying the charges were unconstitutionally vague. The charges were one count of conspiracy to defraud the United States, two counts of theft of trade secrets and two counts of wire fraud. He also...
- Jurors "Outraged" By Trade Secret Claims Made In Texas
Posted May 9, 2008, 2:47 am by Todd
Here's a relative rarity - a trade secrets misappropriation case that goes to a full jury trial and verdict. National Oilwell Varco is an oil field parts seller. It had some long-term employees leave without any noncompete agreements restricting their re-employment in the industry. That said, National Oilwell Varco sued the employees on a trade secrets misappropriation theory and alleged that the employees took with them key information about clients - including, for example, a "40 year...
- NC Court of Appeals Decision on Pleading Standards in Trade Secrets Case
Posted May 9, 2008, 12:44 am by Press
It's nice (and easy) to be able to link to one of our sister blogs, the North Carolina Appellate Blog, concerning a case from earlier this week from the North Carolina Court of Appeals. In Washburn v. Yadkin Valley Bank & Trust, the court affirmed dismissal of a trade secrets claim on the grounds that the identity of the trade secrets and the manner of the alleged misappropriation were pleaded with insufficient particularity. The case could prove very useful in fighting off vague claims in...
- Two North Carolina Police Officers Are Injured After Falling Through Building Skylights
Posted May 8, 2008, 8:52 pm by Michael A. DeMayo
In Catawba County, North Carolina, two Longview police officers were injured after falling through a roof. The men were inspecting what they thought was a break-in at a roofing equipment and tools company E.L. Hilts & Co. The two officers saw that the gate to the building was unlocked and a ladder was leaning against the building. One man climbed the ladder and fell through the roof. The other officer fell soon after. There apparently were two fiberglass-like skylights that had been painted...
- Ohio Supreme Court Justice Writes Op-Ed Piece In Newark Advocate
Posted May 8, 2008, 3:40 am by Todd
We think we're reading this correctly - a sitting Ohio Supreme Court justice has written an op-ed piece about a recently decided case entitled "Employees Should Realize Trade Secrets are Well-Protected." The case Justice Pfeifer is referring to, of course, was one we've blogged and has also generated lots of press in the trade secrets world - the case that holds memorized trade secret data is just as protectible than that taken in tangible forms (e.g., thumb drives, print-outs, etc.). We just...
- What Are Your Top Five Questions About Virtual Practice?
Posted May 7, 2008, 2:02 pm by kimbrolaw.com
I'm writing a CLE manuscript for my state bar regarding Virtual Law Practice. The working title is Virtual Law Practice: Technology and Ethics Considerations. The writing is going well, but I want to make sure I have covered all my bases. What are your top five questions about virtual law practice? They can be questions about technology, practice management, ecommerce, ediscovery, security, SaaS, ethics, business, etc. So far, I'm feeling pretty confident that I've touched on most of the hot...
- Trade Secrets Cases on the Upswing
Posted May 7, 2008, 12:33 am by Press
This is not exactly scientific, but it's somewhat empirical: If you do a search on the term "trade secrets" in the Westlaw federal database (federal district, appeals and Supreme Court cases) for 2007, 905 cases are returned. That's an increase of 20% from 2006 (754) and an increase of 231% from 1997, ten years before (273). Now, not every one of these cases is a full-blown case about trade secrets. In some, the term may only be mentioned in passing. In addition, the Westlaw database may pick...
- Return of North Carolina Motorcyclists In Spring Followed By Motorcycle Safety Awareness Month
Posted May 5, 2008, 6:32 pm by Michael A. DeMayo
The National Highway Traffic Safety Administration has dubbed the month of May as Motorcycle Safety Awareness Month to promote motorcycle safety and road sharing between motorcyclists and other drivers. The national safety campaign comes less than a week after the end of North Carolina's Motorcycle Safety Awareness Week, which took place from April 21 to April 25. The statewide and national safety awareness campaigns couldn't come at a better time. The North Carolina Division of Motor Vehicles...
- Virtual Law Office Voted Family Favorite
Posted May 5, 2008, 10:13 am by kimbrolaw.com
I need to brag for a minute. I am proud to announce that for the second year in a row my virtual law practice was voted the Family Favorite by the readers of the Wilmington Parent Magazine. The publication is a local parenting magazine that covers several major counties across the southeastern coast of North Carolina. Most of my estate planning clients have young families and many of my small business clients are parents, including a number of work-at-home mothers. Of any career-related...
- The Trade Secrets of Hedge Funds
Posted May 5, 2008, 7:34 am by Todd
Portfolio.com published an interesting piece recently concerning the increasing number of suits commenced to stop hedge fund employees from departing to work for a competitor. The article identifies state trade secrets law as a primary legal vehicle for getting injunctions against the departing employees. Some of the hedge fund employees were responsible for generating proprietary trading models - ones that utilize mathematical formulas in their design. Our favorite quote from the piece?...
- Appeal in Virginia Trade Secrets Case
Posted May 5, 2008, 1:19 am by Press
From the Danville (VA) News: This one's a little opaque, but it's from nearby enough that we ought to report it. Robin Tomer, the wife of a Danville City Councilman, filed an appeal to the Supreme Court of Virginia against a jury decision that found her liable on a Virginia Trade Secrets Act claim brought by her former employer, Romar Medequip. The company makes wheelchairs, lifts, ramps, etc. Apparently, Tomer took documents with her when she left for a new employer. Romar Medequip was awarded...
- Ethics Question for the Virtual Attorney
Posted May 1, 2008, 2:33 pm by kimbrolaw.com
Practicing online I often receive this question as an ethics challenge to my virtual practice: How can you be sure that the person you are communicating with online is really person you are drafting the documents for? Because I handle estate planning, attorneys who operate more traditional practices express specific concern about the power of attorney and the broad authority that it provides to the attorney-in-fact. What if the person I am drafting the document for is really someone else who...
- Woman Injured In Raleigh, North Carolina Bicycle Accident Dies
Posted April 30, 2008, 6:20 pm by Michael A. DeMayo
Nancy Leady, 60, died last week after her bicycle was struck by a 21-year-old North Carolina State student. Brian Reid had been celebrating his 21st birthday when the tragic accident happened. He has been charged with driving while intoxicated, failure to control speed, and misdemeanor death by motor vehicle. Because a bicyclist does not have any protection, except for a helmet, from the impact of colliding with a car, truck, motorcycle, or bus, many bicyclists are prone to serious injuries...
- ComputerWorld Kenya Warns "There Are Computer Thieves Out There!"
Posted April 30, 2008, 10:45 am by Todd
Okay, okay. We admit it. We thought it was a little ironic that an online magazine called "ComputerWorld Kenya" was warning about data thievery. That said, in a legitimate piece, Christopher Burgess echoes points we've made on our blog many times - that nation/states are active in stealing proprietary information for their benefit. Mr. Burgess makes a fascinating report in the following regard, something we didn't know: "As said above, the FBI went so far as to place an advertisement in various...
- Insurance Companies Practice Deny & Delay Tactics
Posted April 28, 2008, 7:50 am by Grace Kanoy
Good Morning America has a story that illustrates how insurance companies use deny and delay tactics to avoid paying legitimate insurance claims. In this case, a woman with Stage 4 breast cancer tried to collect disability insurance. But Cigna repeatedly denied Susan Kristoff's claim for short-term disability. Cigna said she had not proven a disability. Sick and with bills piled up, Kristoff says she considered something drastic. "If I wasn't going to be getting better, I didn't want to sink...
- The Marvell Case – Screwing Up a Voicemail Message Waives Attorney-Client Privilege
Posted April 27, 2008, 8:39 am by Press
Here's how Sue Riessinger put it in an article in Corporate Counsel in June 2005: There are dumb mistakes, and then there are really dumb mistakes. Four years ago Matthew Gloss, the general counsel of Marvell Semiconductor Inc., and two of his colleagues phoned the legal chief of a rival company, Jasmine Networks Inc. The call went straight to voicemail, so Gloss left a message and hung up. At least, he thought he did. Though the Marvell officials didn't know it, the Jasmine lawyer's voicemail...
- Clickwrap Agreements in a Virtual Law Practice
Posted April 25, 2008, 9:02 am by kimbrolaw.com
I've been doing more blogging for the VLOTech website. A lot of my material is coming from the CLE manuscript that I'm drafting for a presentation this summer on security/ethics issues with virtual law practices. The legality and enforceability of clickwrap agreements in a vlo is a question I've gotten from other attorneys. In my virtual practice, I don't soley rely on the clickwrap agreement that my clients are required to accept before registering for their own homepage. I more specifically...
- Deuterman Law Group Honored for Pro Bono Work on Behalf of Family of Jennifer Nielsen, Murdered Pregnant Newspaper Carrier
Posted April 23, 2008, 10:08 am by Grace Kanoy
Dan Deuterman was one of 24 Triad attorneys honored for their commitment to providing justice and access to legal representation to all North Carolinians, even if they're unable to pay for an attorney. Deuterman this week received an Impact Pro Bono Award from the N.C. Bar Association and Business Leader Media in recognition of the work he did on behalf of the family of Jennifer Nielsen, who was murdered last year while delivering newspapers. Jennifer was eight months pregnant at the time of...
- Plaintiff Mother In Ag-Mart Birth Defect Lawsuit Worked in North Carolina Tomato Fields While Pregnant With Son Born Without Limbs
Posted April 22, 2008, 10:58 am by Michael A. DeMayo
Ag-Mart Produce has agreed to settle the birth defects lawsuit filed by the parents of Carlitos Candelario, a 3-year-old boy born without arms or legs. The boys' parents Abraham Candelario and Francisca Herrera had worked for the tomato grower in fields in North Carolina and South Carolina that had been sprayed with pesticide while Francisca was pregnant. Candelario and Herrera filed their birth defects lawsuit against Ag-Mart in 2006. They have accused the family of spraying pesticides on the...