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Category: Per Se Violations

January 16, 2018
Posted in  Per Se Violations Privacy and Data Security

The Proposed Overhaul of North Carolina’s Data-Breach Law Could Have Big-Time Consequences

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 […]

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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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