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

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

Trust but Verify? Liability for Engaging in Transactions with an Identity Thief

After a data breach, consumers often sue to recover for injuries they suffer, or fear they will suffer, when identity thieves use the stolen data. These suits usually target the company that suffered the data breach…more
 /  Civil Procedure, Commercial Law & Contracts

Further Closing the Narrow Opening for Section 75-1.1 in the Employer-Employee Context

A recent opinion from the North Carolina Business Court illustrates courts’ continued reluctance to allow section 75-1.1 claims in the context of an employer-employee relationship. Judge James L. Gale recently dismissed a N.C…more
 /  Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts

An Important New Decision on Whether Section 75-1.1 Applies to Multistate Conduct

Last week, the U.S. District Court for the Middle District of North Carolina issued a meaty decision about N.C. Gen. Stat. § 75-1.1. The decision, in a case called SmithKline Beecham Corp. d/b/a GlaxoSmithKline v. Abbott…more
 /  Civil Procedure, Commercial Law & Contracts

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
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