Departing-employee cases often involve claims for trade-secret misappropriation, breach of confidentiality and noncompetition agreements, and tortious interference with contractual or business relationships. Because these claims may also be per se violations of section 75-1.1, departing-employee cases between competitors almost always involve section 75-1.1 claims, as well. The North Carolina Business […]
Category: Per Se Violations
One week from today, the North Carolina Servicemembers Civil Relief Act will go into effect. When it does, North Carolina will add a new per se theory of section 75-1.1 liability. The new law, which will be codified in Chapter 127B of the General Statutes (“Military Affairs”), serves two purposes. […]
In Alleging Unfair Mortgage Practices, Can a Pro Se Plaintiff Survive a Motion to Dismiss without Raising a Per Se Violation?
This post revisits litigation over the federal Home Affordable Mortgage Program, known as HAMP. Several years ago, in a pair of posts, we studied the application of N.C. Gen. Stat. § 75-1.1 to a lender’s conduct under this mortgage program. HAMP doesn’t provide a private right of action, so borrowers needed […]
As we have explored before, a common scam known as “W-2 phishing” can put companies in the crosshairs for data-breach lawsuits brought by their employees. In honor of Tax Day, today’s post examines an interesting recent decision from a North Carolina federal court in one of these cases. In that […]