North Carolina law prohibits unfair or deceptive acts “in or affecting commerce.” But “commerce” doesn’t include “professional services rendered by a member of a learned profession.” This quoted language comes straight from N.C. Gen. Stat. § 75-1.1. One clear takeaway from this language is that a professional’s treatment of a patient […]
Data-privacy legislation is in vogue. Including in North Carolina. But this post looks at the new data-privacy law in a different state, California. The law, called the California Consumer Privacy Act (or “CaCPA” to some), was a hurried response to a proposed citizen-ballot initiative (the history of which is the […]
Lawsuits and collection actions against a corporation are automatically stayed when the corporation files for bankruptcy, generally speaking. In order to avoid the automatic stay, creditors may bring claims against the directors and/or officers of the bankrupt corporation rather than against the corporation itself. Depending on the nature of the […]
While N.C. Gen. Stat. § 75-1.1 reaches any action “in or affecting commerce,” there are several limitations to its reach. One such limitation is the internal business dispute exemption, which prevents claims that arise solely within a single market participant. This exemption has been a frequent focus of our previous posts. […]