Ellis & Winters LLP

Offers You Make May be Used against You: Free Credit Monitoring and Standing in Data Breach Cases

It’s become an unfortunate rite of passage for the modern age: the receipt of a letter from a company explaining that one’s personal information been lost or stolen in a data breach. The letter usually offers to provide…more
| Civil Procedure, Privacy, Science, Computers, & Technology

Can a Lender’s Failure to Provide a Promised Refinancing be an Unfair or Deceptive Trade Practice?

When a borrower asserts an alleged violation of N.C. Gen. Stat. § 75-1.1 against a lender, the claim often presents a familiar fact pattern. Frequently, the borrower alleges that the lender promised to refinance or modify the…more
| Civil Procedure, Finance & Banking

Can Extensive Regulations Bar a Claim for Unfair Trade Practices?

In the fall of 2015, we wrote about a case between two sports agents. The suit concerned the decision by Robert Quinn, a former football standout at the University of North Carolina, to switch agents. The U.S. District…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts

The Essential Establishment of an Exclusive Address to Receive RESPA Requests from Residential Mortgage Borrowers

Residential mortgage borrowers frequently mimic Kafka’s tales of mistreatment by faceless bureaucrats in lawsuits attempting to avoid foreclosures. These frivolous lawsuits often can drag on for years. E.g., Luther v. Wells…more
| Consumer Protection, Real Estate - Residential

Can A Company Violate Chapter 75 Simply By Investigating Potential Trademark Infringement?

When a company investigates potential trademark infringement, what tactics can the company use without the investigation running afoul of North Carolina’s Unfair and Deceptive Trade Practices Act? The Fourth Circuit Court…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts

The Economic-Loss Rule: Conflicting Signals

As we have discussed before, courts in North Carolina have not agreed on how the economic-loss rule applies, if at all, to claims under N.C. Gen. Stat. § 75-1.1. Two recent decisions by the North Carolina Court of Appeals—ten…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts

The Year in Review

As 2016 comes to a close, we again thank you, our readers, for your continued interest, support, and ideas. Decisions from the past year have confirmed the powerful role that N.C. Gen. Stat. § 75-1.1 plays in North Carolina…more
| Business Organizations, Civil Procedure

Can a Lender Sue a Borrower for Unfair and Deceptive Trade Practices?

In most lending-related cases under N.C. Gen. Stat. § 75-1.1, a borrower sues a lender. Borrowers often pursue these claims to resist their repayment obligations or to seek leverage against foreclosure. Makadia v…more
| Antitrust & Trade Regulation, Civil Procedure

Choice of Law in Unfair-Trade-Practices Cases

Can a contractual choice of law disable N.C. Gen. Stat. § 75-1.1? Yes, according to a recent decision from a federal court in New York. In Canon U.S.A., Inc. v. Cavin’s Business Solutions, Inc., a business filed a 75-1.1…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts

Preemption by Any Other Name Would Smell as Sweet: The Exemption for “Pervasive and Intricate Regulation” by Another Field of Law

Courts often opine on the relationship between N.C. Gen. Stat. § 75-1.1 and other bodies of law. In a recent case, a federal court announced a rare holding of that type: a holding that another body of law regulates an area so…more
| Antitrust & Trade Regulation, Civil Procedure, Conflict of Laws, Labor & Employment Law

Bridging The Gap Between Outside And Inside Counsel

The gap between the perspectives of many in-house and outside attorneys identified by the IADC’s 2016 Inside/Outside Counsel Relationship Survey merits the attention of all in-house and outside attorneys. While the Siemens…more
| Business Organizations, Law Firm Marketing

Can Forcing a Company into Bankruptcy be an Unfair or Deceptive Trade Practice?

Can a bankruptcy trustee prove a violation of N.C. Gen. Stat. § 75-1.1 based on business strategies that forced a debtor into bankruptcy? The U.S. Bankruptcy Court for the Eastern District of North Carolina recently…more
| Bankruptcy, Business Organizations, Civil Procedure, Finance & Banking

Legal Bills, Clear Writing, and Establishing Trust (Part 2 of 2)

This column is the second in a two-part series about an overlooked area of “legal writing”: the writing that appears in legal bills. In the first part, I theorized that clearly written legal bills can establish deep,…more
| Law Practice Products & Services

Practical Guidance for Framing an Unfair-Trade-Practices Claim

A recent decision from a North Carolina federal court underscores the importance of how a plaintiff frames an alleged violation of N.C. Gen. Stat. § 75-1.1. In Hongda Chemical USA, LLC v. Shangyu Sunfit Chemical Co., Judge…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts

Legal Bills, Clear Writing, and Establishing Trust (Part 1 of 2)

This column is the first in a two-part series about a type of “legal writing” that often goes overlooked—even though most private-practice lawyers do it every day. I’m referring to the writing that appears in the legal bills…more
| Law Practice Products & Services
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4131 Parklake Avenue
Suite 400
Raleigh, NC 27612, United States

  • 919 865 7000
  • 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
See more
Other U.S. Locations
  • North Carolina
Number of Attorneys

25-50 Attorneys

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