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Category: Per Se Violations

September 13, 2016
Posted in  Per Se Violations

Breaches of covenants not to compete as unfair and deceptive practices? The North Carolina Business Court weighs in

When does a breach of a covenant not to compete violate N.C. Gen. Stat. § 75-1.1? Is tortious interference a per se violation of section 75-1.1? Departing-employee cases often raise both questions, but the answer to each question remains unsettled. The North Carolina Business Court weighed in on both of these […]

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August 25, 2015
Posted in  Per Se Violations Substantial Aggravating Circumstances

When Is a Breach of a Covenant Not to Compete Also Unfair or Deceptive?

Next Monday, August 31, the North Carolina Supreme Court will hear arguments in an important business-versus-business case. Beverage Systems of the Carolinas v. Associated Beverage Repair (No. 316A14) includes two unsettled issues under N.C. Gen. Stat. § 75-1.1: Is tortious interference a per se (that is, automatic) violation of section […]

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