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Attorney: Steven A. Scoggan

November 2, 2021 Steven A. Scoggan
Posted in  Per Se Violations Privacy and Data Security

The Computer Fraud & Abuse Act and N.C.’s Computer Trespass Statute: Paths to Treble Damages?

Cases involving corporate espionage, trade-secret misappropriation, and theft of confidential information frequently involve someone taking information from a company’s computer system. This conduct often spawns claims under North Carolina’s computer trespass statute or a similar federal statute, the Computer Fraud and Abuse Act (CFAA). Today’s post explores several issues surrounding […]

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June 8, 2021 Steven A. Scoggan
Posted in  Direct Unfairness Misrepresentations Substantial Aggravating Circumstances

Similar Theories Lead to Different Results (Including a $31.9 Million Judgment), Illustrating the Importance of Categorizing Section 75-1.1 Claims

As we’ve previously explained, section 75-1.1 claims for unfair or deceptive trade practices typically fall into five discrete categories. Categorizing claims is not always simple, but it can have colossal consequences. Today’s post examines two cases with three section 75-1.1 claims. Those claims share similar factual theories but resulted in […]

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November 24, 2020 Steven A. Scoggan
Posted in  Federal Preemption

FDCA Preemption: A Powerful Defense in Commercial Litigation, Too.

We’ve often discussed the power of preemption defenses to section 75-1.1 claims. Preemption is also a crucial issue in pharmaceutical and medical device litigation, as the federal Food, Drug & Cosmetic Act (FDCA) has been held to preempt a wide variety of products-liability and consumer-protection claims. Consumer-protection statutes like section […]

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