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

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

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
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