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Business Court Contract Terms

Fox Rothschild LLP

North Carolina Supreme Court Unpacks a Service Contract and Finds a Potential Software Sale Lurking Within

Fox Rothschild LLP on

If a company contracts to acquire software which it then licenses to a third party as a component of a lucrative service package, did it “sell” the software? In Value Health Solutions, Inc. v. Pharmaceutical Research...more

Nutter McClennen & Fish LLP

Massachusetts Judge Orders Plaintiff to Pay Attorneys’ Fees Because Plaintiff Had No Evidentiary Basis to Believe Facts Alleged in...

Judge Krupp, sitting in the Massachusetts Business Litigation Session, awarded a defendant more than $240,000 in attorneys’ fees, expenses, and interest under G.L. c. 231, § 6F, the Massachusetts statute authorizing fee...more

Parker Poe Adams & Bernstein LLP

North Carolina Business Court Dismisses Overbroad Non-Compete

When we are asked by a client to review their form employee non-competition agreement, we often see companies using documents found on the internet that were clearly written for use in states other than North Carolina. Last...more

FordHarrison

Non-Compete News: Restrictive Covenant Act Case Decided by Georgia State-Wide Business Court

FordHarrison on

In May 2011, Georgia’s Restrictive Covenant Act (OCGA 13-8-50 et seq.) (“RCA”) became effective and applied to all agreements executed on or after May 11, 2011. In 2020, the Georgia State-wide Business Court (“Business...more

Womble Bond Dickinson

Limiting Access to Non-Specialized Suppliers Can Be a Legitimate Business Interest

Womble Bond Dickinson on

Where a business’ non-compete employment agreement precluded its former employee from contacting its suppliers, such restriction could constitute a legitimate business interest. KNC Technologies v. Tutton, 2021 NCBC 25 (J....more

Womble Bond Dickinson

Putting Things Off Until Tomorrow May Preclude Claims Later

Womble Bond Dickinson on

Where the operating agreement failed to define what constituted “cause” to enable the involuntary withdrawal of a member, there was no “meeting of the minds” as to that contract term. Epic Chophouse, LLC v. Morasso, 2020 NCBC...more

Brooks Pierce

NC Business Court Rules On What Constitutes An "Arbitration"

Brooks Pierce on

You've probably never had to decide what it means to agree to arbitrate. Usually, there is a written provision that references the AAA Rules and includes a consent to AAA's procedures as to the appointment of the...more

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