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July 31, 2018
Posted in  75-1.1 Exemptions

The “Regrettable Trend” of Including Section 75-1.1 Claims in Cases Involving Internal Business Disputes

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. […]

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July 24, 2018
Posted in  Privacy and Data Security

The Fourth Circuit’s Latest Data-Breach Standing Decision: No Confirmed Data Breach? No Problem.

In a typical data-breach lawsuit, a business acknowledges it has been hacked.  Indeed, the precipitating event leading to litigation is often the business’s notification to affected individuals that their personal information has been compromised. What if individuals suspect a business has been hacked, but the business denies it? Can those […]

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June 26, 2018
Posted in  Substantial Aggravating Circumstances

Concealment, Deletions, and Diversions—Oh, My! But Not Substantially Aggravating.

Courts frequently encounter a section 75-1.1 claim in the context of a contract. We have written before about the difficult determination of whether the allegations rise to the level of a “substantial aggravating factor” that would support a section 75-1.1 claim despite the contract (examples here, here, and here). Earlier […]

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