Passing the Torch
Ellis & Winters
By the time you read this post, I will have begun my service as the Solicitor General of North Carolina. I’m excited to have this chance to work with Attorney General Stein and to serve the people of my adopted state.
As part of my transition, I’m leaving What’s Fair in the able hands of my partners Stephen Feldman, George Sanderson, and Jeremy Falcone. Like you, I’ll look forward to reading this blog on the second and fourth Tuesdays of every month.
Article I, section 35 of the North Carolina Constitution urges “frequent recurrence to fundamental principles.” In that spirit, let’s return to a fundamental question: Why does the law under section 75-1.1 deserve such close study? Because the statute combines two explosive ingredients—powerful private remedies and vague tests for the conduct that violates the statute. In recent years, a number of courts have worked hard to sharpen, or at least explain, these tests. We’ve outlined those efforts—for example, here, here, and here. I’m confident that courts will continue this process in the years ahead.
Let me conclude with thanks. I’m grateful to so many of you for offering me words of encouragement as I begin my season of public service. I’m grateful to all of you for reading this blog and sharing your comments and ideas (please keep them coming). Most of all, I’m grateful to Stephen, George, Jeremy, and all of my colleagues at Ellis & Winters for their tremendous support and friendship.
I look forward to our further work together.