Mack Sperling

Mack Sperling

Brooks Pierce

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Trade Secret Plaintiff Avoids Dismissal, Gets Discovery

One of the most interesting Business Court decisions of last year was Judge Bledsoe's opinion in DSM Dyneema, LLC v. Thagard, 2014 NCBC 50, in which he held that the Plaintiff, which was suing for misappropriation of trade...more

5/15/2015 - Discovery Honeywell International Judgment on the Pleadings Misappropriation Trade Secrets

A Valuable Point From The NC Business Court On Subpoenas Without Depositions

Can you send a subpoena duces tecum -- which translated from Latin is "a writ commanding a person to produce in court certain designated documents or evidence " -- without coupling it with a deposition?...more

2/25/2015 - Depositions Discovery Document Requests Electronically Stored Information Subpoenas

Business Court Resolves A Trio Of Discovery Issues

Three interesting discovery issues were resolved last week by Judge Bledsoe's Order in Gay v. Peoples Bank. First, can you obtain in discovery in a class action the fee arrangement between the plaintiff and his lawyers? ...more

9/23/2014 - Attorney's Fees Class Action Depositions Discovery Fee Agreements Protective Orders Witnesses Young Lawyers

You Can't Appeal That! Or Can You?

You may remember the case of Out of the Box Developers, LLC v. Logicbit Corp. It has spawned a couple of interesting discovery decisions. One was on subpoenas to third parties, another involved nearly $40,000 in sanctions for...more

11/5/2013 - Appeals Attorney's Fees Discovery Interlocutory Appeals Sanctions Subpoenas Third-Party

Who Doesn't Like Reading About A Ruling On A Motion To Compel?

I probably enjoy reading a ruling on a motion to compel a whole lot more than the judge does in writing it. So of course I enjoyed reading Judge Murphy's Order on a Motion to Compel yesterday in County of Catawba v. Frye...more

11/1/2013 - Attorney-Client Privilege Discovery Document Productions Motion to Compel Regular Course of Business Subsidiaries

Business Court Sanctions Parties For Disobeying Discovery Order

When you think of sanctions, your mind probably goes to Rule 11 of the Rules of Civil Procedure. But what about Rule 37(b)(2)? It says that...more

5/23/2013 - Attorney-Client Privilege Discovery Sanctions

Fourth Circuit Takes A Narrow View On Recovery Of E-Discovery Costs

You've undoubtedly prevailed in a federal case -- either at summary judgment or after a trial -- and you have probably struggled with what you are entitled to recover as costs under 28 U.S.C. §1920. And recently, your client,...more

5/2/2013 - Discovery Electronically Stored Information J Gallo Winery Legal Costs

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