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 […]
We have examined cases that explore exemptions to liability under N.C. Gen. Stat. § 75-1.1. The section 75-1.1 carve-outs include exemptions for securities transactions, internal business disputes, and employment matters. Courts have also generally excluded residential real estate sales from the statute. A recent decision from the North Carolina Court […]
We have recently examined several cases that explore the contours of two related exemptions to liability under N.C. Gen. Stat. § 75-1.1—the internal business disputes doctrine and the securities exemption. Courts generally exempt both the internal business affairs of a company and their securities transactions from 75-1.1 liability. The underlying […]
Many contracts between companies and their service providers have broad indemnification provisions. How do those provisions apply in the context of a privacy breach? Today’s post looks at that question—in particular, a recent federal decision called CVS Pharmacy, Inc. v. Press America, Inc. Misdirected Mailings Lead to Major Fee Adjustment […]