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January 30, 2018
Posted in  Misrepresentations

When a Claim of Deception Turns on Promises

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. […]

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January 16, 2018
Posted in  Per Se Violations Privacy and Data Security

The Proposed Overhaul of North Carolina’s Data-Breach Law Could Have Big-Time Consequences

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 […]

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