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March 21, 2018
Posted in  Privacy and Data Security

Can Companies Disclaim and Limit Liability for Data Breaches in Online Terms of Service? (Part 2 of 2)

Yesterday’s post examined a case called In re Yahoo! Inc. Customer Data Security Breach Litigation.  In In re Yahoo!, Yahoo sought to dismiss data-breach claims based on disclaimers and limitations of liability contained in Yahoo’s online terms of service.  As we discussed, the court rejected Yahoo’s reliance on security-related disclaimers […]

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March 20, 2018
Posted in  Privacy and Data Security

Can Companies Disclaim and Limit Liability for Data Breaches in Online Terms of Service? (Part 1 of 2)

Companies that operate online often include disclaimers and limitations of liability in standardized terms of service.    If a company suffers a data breach involving personal information collected from its customers, can the company rely on these disclaimers to limit or preclude liability to those customers? This two-part series of […]

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March 13, 2018
Posted in  75-1.1 Exemptions

North Carolina Court of Appeals Allows Section 75-1.1 Claim in the Context of a Residential Real Estate Transaction

We have examined cases that explore exemptions to liability under N.C. Gen. Stat. § 75-1.1.  The section 75-1.1 carve-outs include exemptions for securities transactions, internal business disputes, and employment matters.  Courts have also generally excluded residential real estate sales from the statute. A recent decision from the North Carolina Court […]

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