Skip to Content
April 10, 2018
Posted in  Choice of Law

A North Carolina Federal Court Weighs in on Choice-of-Law in Unfair and Deceptive Claims

As we have previously explored, North Carolina’s choice-of-law rule for multi-state unfair and deceptive trade practice cases remains unsettled. Some courts have applied a “most significant relationship” test while others have applied a “place of injury” or “lex loci” test to assess which state’s law to apply. The North Carolina […]

Read More
March 21, 2018
Posted in  Privacy and Data Security

Can Companies Disclaim and Limit Liability for Data Breaches in Online Terms of Service? (Part 2 of 2)

Yesterday’s post examined a case called In re Yahoo! Inc. Customer Data Security Breach Litigation.  In In re Yahoo!, Yahoo sought to dismiss data-breach claims based on disclaimers and limitations of liability contained in Yahoo’s online terms of service.  As we discussed, the court rejected Yahoo’s reliance on security-related disclaimers […]

Read More
March 20, 2018
Posted in  Privacy and Data Security

Can Companies Disclaim and Limit Liability for Data Breaches in Online Terms of Service? (Part 1 of 2)

Companies that operate online often include disclaimers and limitations of liability in standardized terms of service.    If a company suffers a data breach involving personal information collected from its customers, can the company rely on these disclaimers to limit or preclude liability to those customers? This two-part series of […]

Read More