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September 8, 2015
Posted in  Creditors Rights, Lender Liability, and Bankruptcy

Are All Fraudulent Transfers Unfair or Deceptive Acts?

Courts almost always treat fraud claims as per se (automatic) violations of N.C. Gen. Stat. § 75-1.1. Does that mean that fraudulent transfers of assets, likewise, automatically support recovery under section 75-1.1? A recent decision of the North Carolina Business Court, KRG New Hill Place, LLC v. Springs Investors, LLC, allowed a […]

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August 25, 2015
Posted in  Per Se Violations Substantial Aggravating Circumstances

When Is a Breach of a Covenant Not to Compete Also Unfair or Deceptive?

Next Monday, August 31, the North Carolina Supreme Court will hear arguments in an important business-versus-business case. Beverage Systems of the Carolinas v. Associated Beverage Repair (No. 316A14) includes two unsettled issues under N.C. Gen. Stat. § 75-1.1: Is tortious interference a per se (that is, automatic) violation of section […]

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August 11, 2015
Posted in  Misrepresentations

Claims for Deceptive Practices Must Now Be Alleged in Detail (at Least in Federal Court)

A federal court in North Carolina has held that certain claims under N.C. Gen. Stat. § 75-1.1 require especially detailed allegations. This groundbreaking decision will have major consequences for plaintiffs who pursue 75-1.1 claims in federal court—and for defendants who move to dismiss those claims. Last week, in Topshelf Management, […]

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