I didn’t anticipate how many friends and family members would tap me for free advice when I became a lawyer. Sometimes, my J.D. seems to hang over me like the sign at Lucy’s psychiatry booth from Peanuts. You might have had the same experience. Remarkably, I get asked one question […]
One week from today, the North Carolina Servicemembers Civil Relief Act will go into effect. When it does, North Carolina will add a new per se theory of section 75-1.1 liability. The new law, which will be codified in Chapter 127B of the General Statutes (“Military Affairs”), serves two purposes. […]
Sometimes small errors can have big consequences. According to a recent Fourth Circuit decision, big consequences do not turn small errors into unfair or deceptive trade practices. Edwards v. Genex Cooperative, Inc. considered a section 75-1.1 claim based on a breach of contract accompanied by “substantial aggravating factors.” Parties to […]
Today’s post examines an intersection of two familiar topics: (1) the “conduct standards” by which conduct is judged to be “unfair,” and (2) the “pervasively regulated conduct” rationale for section 75-1.1’s securities exemption. Robichaud v. Engage2Excel, Inc., a new decision from the U.S. District Court for the Western District of […]
