How can decisions that a business makes before and after a data breach expose the business to a lawsuit by a government regulator? A recent high-profile settlement between North Carolina Attorney General Josh Stein and the ride-sharing company Uber prompts this important question. Dear Uber, we have your data In […]
This post takes yet another look at whether and when North Carolina law allows a claim for violation of N.C. Gen. Stat. § 75-1.1 when the claim relates to the subject-matter of a contract. As a matter of orientation, let’s first review three principles that most often affect this type […]
Preemption can be a powerful defense to an unfair and deceptive trade practice claim. Preemption of a claim brought under N.C. Gen. Stat. § 75-1.1 can deprive a putative plaintiff of potential treble damages remedies and potential recovery of attorneys’ fees. Attorneys have raised preemption as a defense with increasing […]
We’ve discussed before challenges faced by plaintiffs in establishing Article III standing when they sue companies after a data breach, and some of the novel theories they’ve used to clear the Article III hurdle. Today’s post looks at the latest one of these theories. When a business suffers a data […]
