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February 9, 2021 Thomas H. Segars
Posted in  Privacy and Data Security

Wire-Transfer Phishing in Recent Section 75-1.1 Case Follows a Familiar Fact Pattern

If you aren’t losing sleep over malicious phishing schemes and other cybercrimes, you should be. According to the FBI, one type of cybercrime in particular—Business Email Compromise or BEC—cost businesses more than $26 billion over only three years. And, to bring the point closer to home, according to State Bar […]

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January 26, 2021 Scottie Forbes Lee
Posted in  75-1.1 Exemptions

N.C. Supreme Court: Quasi-municipal Corporations Are Immune from State Antitrust and Section 75-1.1 Liability

We have previously discussed whether a local-government entity can be sued for money damages based on a federal antitrust violation. Today’s post discusses a similar question: are quasi-municipal corporations—a type of local-government entity—exempt from liability under section 75-1.1 and North Carolina’s antitrust laws? Last month, the Supreme Court of North […]

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November 24, 2020 Steven A. Scoggan
Posted in  Federal Preemption

FDCA Preemption: A Powerful Defense in Commercial Litigation, Too.

We’ve often discussed the power of preemption defenses to section 75-1.1 claims. Preemption is also a crucial issue in pharmaceutical and medical device litigation, as the federal Food, Drug & Cosmetic Act (FDCA) has been held to preempt a wide variety of products-liability and consumer-protection claims. Consumer-protection statutes like section […]

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