Consumers aren’t the only plaintiffs in data-breach litigation. Businesses sue, too. When they do sue, businesses can be strong plaintiffs. This is because, unlike consumers, businesses usually can establish standing, since they’re more likely to have suffered direct financial loses that can be readily identified. This doesn’t mean, however, […]
A court’s decision to impose liability for committing an unfair or deceptive trade practice in a particular case may have wide-ranging implications—even when the amount in dispute in the matter itself is relatively minor. Such is the case in Nash Hospitals, Inc. v. State Farm Mutual Automobile Insurance, Co., a […]
N.C. Gen. Stat. § 75-1.1 regulates conduct “in or affecting commerce.” The statute doesn’t expressly differentiate based on type of commerce—intrastate versus interstate. When conduct involves parties both inside and outside North Carolina, however, the reach of section 75-1.1 can come into question. Only a few months ago, we reviewed a […]
The success of a data-breach lawsuit often turns on whether the plaintiff has standing to sue. Showing actual injury can be especially hard when the only alleged damage consists of a risk of future identity theft. Data-breach plaintiffs are therefore looking for new avenues into the courtroom. One of these […]