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February 27, 2018
Posted in  75-1.1 Exemptions

North Carolina Court of Appeals extends Section 75-1.1’s Securities Exemption beyond Securities

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 […]

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February 13, 2018
Posted in  Creditors Rights, Lender Liability, and Bankruptcy

Can a Lender’s “Robo-Signing” of a Loan Document be the Basis for an Unfair or Deceptive Trade Practice Claim?

The financial crisis of 2008 and the subsequent wave of mortgage foreclosures brought to light certain lenders’ practices of “Robo-Signing.” Robo-Signing was a term coined to refer to bank employees’ alleged practice of “robotically” signing mortgage loan documents without reviewing them. A recent decision from the Middle District of North […]

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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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