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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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June 21, 2018
Posted in  Other 75-1.1 Issues

Distilling the Essence of the Fair Use Defense

I have an appetite for cases about food. Hot dogs. Chicken. Beef. Baked goods. Today, bourbon. A decision last week by the Sixth Circuit analyzed claims of unfair competition and trademark infringement by one bourbon business against another. This post looks at that decision. In full disclosure, neither the case […]

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