Ellis & Winters LLP

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4131 Parklake Avenue
Suite 400
Raleigh, NC 27612, United States
Phone: 919 865 7000
Fax: 919 865 7010
Areas of Practice
  • Administrative Law
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Criminal Law
  • Environmental Law
  • Finance & Banking
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Securities Law
  • Toxic Torts
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Locations
Other U.S. Locations
  • North Carolina
Number of Attorneys
25-50 Attorneys

How A Potent Defense Can Stifle Data-Breach Lawsuits By Businesses

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…more
 /  Commercial Law & Contracts, Privacy, Science, Computers, & Technology

Failure To Hold Back Settlement Funds Subject To A Medical Lien Can Expose An Insurer To Treble Damages

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…more
 /  Civil Procedure, Health, Insurance

The Plaintiff Or Defendant Is Not From North Carolina. Does Section 75-1.1 Apply?

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…more
 /  Civil Procedure, Commercial Law & Contracts

Supreme Court Delivers A Decisive Blow To Forum Shoppers And Magnet Jurisdictions: The Court’s Bristol-Myers Opinion Further Narrows The Scope Of Personal Jurisdiction

On June 19th, the United States Supreme Court issued an opinion that will have far reaching implications for mass manufacturers. The case is Bristol-Myers Squibb Company v. Superior Court of California (No. 16-466). The…more
 /  Business Organizations, Civil Procedure, Commercial Law & Contracts

Defending Novel Theories In Data-Breach Litigation

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…more
 /  Civil Procedure, Commercial Law & Contracts, Privacy, Science, Computers, & Technology

Can Forcing A Company Into Bankruptcy Be An Unfair Or Deceptive Trade Practice? Part 2

In a recent post, we examined the bankruptcy case of In re American Ambulette & Ambulette Service, Inc.—a case in which a trustee raised a novel theory of liability under N.C. Gen. Stat. § 75-1.1. The bankruptcy trustee alleged…more
 /  Bankruptcy, Civil Procedure, Commercial Law & Contracts

An Important New Decision On Substantial Aggravating Circumstances

North Carolina courts regularly dismiss claims for violation of N.C. Gen. Stat. § 75-1.1 where the allegations amount to nothing more than a breach of contract. A recent decision by Judge Adam M. Conrad of the North Carolina…more
 /  Civil Procedure, Commercial Law & Contracts

Can Extensive Regulations Bar A Claim For Unfair Trade Practices?

An alleged violation of N.C.G.S. Section 75-1.1 is a staple of business litigation in North Carolina. A recent decision by the U.S. Court of Appeals for the Fourth Circuit addresses an important question about the law on…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

61 Million Reasons To Carefully Oversee Your Third-Party Marketer?

As we’ve mentioned before, federal privacy statutes that permit lawsuits and award automatic damages can be a fertile source of consumer class action litigation. The Telephone Consumer Protection Act (TCPA) fits this bill. …more
 /  Communications & Media Law, Consumer Protection

How To Win Attorney Fees When Defending An Unfair-Trade-Practices Claim

A prevailing defendant on a claim for violation of N.C. Gen. Stat. § 75-1.1 can obtain attorney fees, but the bar is high. The defendant must show that the plaintiff knew or should have known that the action was both frivolous…more
 /  Civil Procedure, Commercial Law & Contracts

Supreme Court Hears Oral Argument To Resolve Circuit Split On Scope Of Personal Jurisdiction

On April 25, 2017, the United States Supreme Court heard oral argument in a case that could finally clarify the scope of a court’s personal jurisdiction. The case is Bristol-Myers Squibb Company v. Superior Court of California…more
 /  Civil Procedure, Commercial Law & Contracts

The North Carolina Business Court Hands Down An Important Healthcare Antitrust Decision, Part 2

In a recent blog post, we discussed a new antitrust decision from the North Carolina Business Court that involves healthcare providers and health insurers. In that post, we examined the significance of that opinion to…more
 /  Antitrust & Trade Regulation, Civil Procedure, Health, Insurance

Standing Room Only: Spokeo And The Video Privacy Protection Act

As we’ve discussed before, standing is often a key issue in data-breach litigation. Standing is also frequently at issue in another type of privacy case: litigation arising from violations of privacy rights created by statute. …more
 /  Communications & Media Law, Constitutional Law, Privacy, Science, Computers, & Technology

The North Carolina Business Court Hands Down An Important Healthcare Antitrust Decision, Part 1

It is rare that a North Carolina state court hands down a Chapter 75 decision on “pure” antitrust claims. The North Carolina Business Court, however, recently did just that. This new decision, moreover, may have far-reaching…more
 /  Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Health

Section 75-1.1 Claims and Conduct by Government Employees

A recent decision of the North Carolina Court of Appeals highlights an unusual issue: Does N.C. Gen. Stat. § 75-1.1 apply to conduct by a government employee in a claim brought by his employer, a government entity? In…more
 /  Antitrust & Trade Regulation, Civil Procedure, Labor & Employment Law
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