Courts have sometimes concluded that the extensive regulation of a subject-matter by another source of law—such as a detailed statutory scheme—means that the General Assembly didn’t intend for N.C. Gen. Stat. § 75-1.1 to regulate that subject matter. These decisions present the backdrop for a recent opinion by a federal […]
We talk a lot on this blog about data-breach lawsuits that arise from breaches in which a hacker targeted and stole personal information from a business. Also common, though, are situations in which a business fails to secure data, but then discovers and corrects the issue before hackers steal anything. […]
North Carolina’s unfair and deceptive trade practices statute reaches a wide variety of “unfair” or “deceptive” conduct. Litigants are more frequently tripped up by the requirement that the conduct be “in or affecting commerce.” Senior U.S. District Judge Graham C. Mullen recently relied on this requirement in dismissing a section […]
N.C. Gen. Stat. § 75-1.1 applies only to conduct “in or affecting commerce.” And under the statute’s plain language, “commerce” doesn’t include professional services rendered by a member of a learned profession. This exemption has a broader reach than might initially be apparent. This is because a variety of conduct […]
