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Category: 75-1.1 Exemptions

November 12, 2019
Posted in  75-1.1 Exemptions

When tiptoeing around the securities exemption to North Carolina’s Unfair and Deceptive Trade Practices Act, take each step carefully

North Carolina law prohibits unfair and deceptive trade practices, but not if those practices concern securities transactions. The state supreme court announced this exemption in 1985 in Skinner v. E.F. Hutton & Co. The court expanded on the exemption’s reach in a 1991 decision called HAJMM Co. v. House of Raeford Farms, Inc. Thanks […]

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May 21, 2019 Thomas H. Segars
Posted in  75-1.1 Exemptions

Litigating [In]Securities: How Conduct Standards Intersect with the Securities Exemption’s Rationale

Today’s post examines an intersection of two familiar topics: (1) the “conduct standards” by which conduct is judged to be “unfair,” and (2) the “pervasively regulated conduct” rationale for section 75-1.1’s securities exemption. Robichaud v. Engage2Excel, Inc., a new decision from the U.S. District Court for the Western District of […]

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