One might expect N.C. Gen. Stat. § 75-1.1 to play a big role in data-breach litigation. The statute, after all, offers the prospect of treble damages and attorney fees. But, historically, it hasn’t. Only three decisions—from federal courts in 2009, 2014, and 2017—appear even to have considered 75-1.1 claims in […]
As we have explored, a party that tries to prove a violation of N.C. Gen. Stat § 75-1.1 in connection with an employment matter faces some serious obstacles. A recent decision from the U.S. District Court for the Western District of North Carolina analyzes one of these obstacles. In Legacy […]
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 […]
How much is a per se theory under N.C. Gen. Stat. § 75-1.1 worth? According to a recent verdict in the U.S. District Court for the Eastern District of North Carolina, it’s worth 52.7 million dollars (plus, no doubt, a big claim for statutory attorney fees). The verdict occurred in SAS […]