Businesses regularly make decisions based on forecasts of future market opportunities. When a business makes a bad guess, however, can N.C. Gen. Stat. § 75-1.1 come to its aid? What if the guess turned on statements by a contracting partner? Today’s post looks at a recent decision about these questions. […]
One might expect N.C. Gen. Stat. § 75-1.1 to play a big role in data-breach litigation. The statute, after all, offers the prospect of treble damages and attorney fees. But, historically, it hasn’t. Only three decisions—from federal courts in 2009, 2014, and 2017—appear even to have considered 75-1.1 claims in […]
As we have explored, a party that tries to prove a violation of N.C. Gen. Stat § 75-1.1 in connection with an employment matter faces some serious obstacles. A recent decision from the U.S. District Court for the Western District of North Carolina analyzes one of these obstacles. In Legacy […]
Yesterday’s post examined Sackin v. TransPerfect, Inc., where an employer suffered a data breach involving its employees’ sensitive information. After the employees sued, a federal court in New York refused to dismiss claims based on theories of negligence and breach of contract. Today’s post examines another federal case with similar […]