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Attorney: Thomas H. Segars

May 21, 2019 Thomas H. Segars
Posted in  75-1.1 Exemptions

Litigating [In]Securities: How Conduct Standards Intersect with the Securities Exemption’s Rationale

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 […]

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April 16, 2019 Thomas H. Segars
Posted in  Other 75-1.1 Issues

West Virginia Accused a Catholic Diocese of Deceiving Consumers. Did the West Virginia Legislature Intend this Result?

We recently wrote about one state’s novel and high-profile use of its consumer-protection laws. In West Virginia, the state attorney general sued a Roman Catholic Diocese, alleging that it had deceived consumers—more specifically, parents who send their children to diocesan schools and camps. The lawsuit concerns allegations of sexual abuse […]

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March 28, 2019 Thomas H. Segars
Posted in  Other 75-1.1 Issues

An Unlikely New Target for Consumer Protection Laws: Allegations of Sexual Abuse in Religious Education

West Virginia made history last week when it filed a new lawsuit about the sexual-abuse scandal embroiling the Roman Catholic Church. The state attorney general is suing the Diocese of Wheeling-Charleston and its former Bishop for failing to protect children from priests and laity who had been credibly accused of […]

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February 12, 2019 Thomas H. Segars
Posted in  Creditors Rights, Lender Liability, and Bankruptcy

No Hot-Dogging: The Intersection of Section 75-1.1 and Federal Franchise Law

This post examines two new decisions that apply N.C. Gen. Stat. § 75-1.1 to a specific factual context: the relationship between franchisors and franchisees. The decisions—Trident Atlanta, LLC v. Charlie Graingers Franchising, LLC and Sanghrajka v. Family Fare, LLC—parallel one another in important ways, but reach different results. This post summarizes […]

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