News & Analysis as of

Unfair or Deceptive Trade Practices Business Court

Williams Mullen

“The Unfair and Deceptive Conduct is Coming from Inside the House!” An Overlooked Limit to Section 75-1.1 Liability

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North Carolina litigants commonly assert claims under the Unfair and Deceptive Trade Practices Act. But the tantalizing prospect of being awarded treble damages and attorneys’ fees can blind attorneys to the statute’s...more

Fox Rothschild LLP

When Employees Become Competitors, NC Business Court Keeps a Careful Watch on Disturbances in Marketplace Force

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Joshua Langley worked for Autocraft, Inc. for more than five years and rose to have wide access to its business affairs and “substantial responsibility for its overall operations.” While still employed there, he opened LB...more

Fox Rothschild LLP

When Doing the Same Thing Over Again and Expecting Different Results is not Insane, a Court Explains

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After a six-day jury trial including evidence of “no show” jobs, questionable “friends and family” payroll slots, and allegations of fraud and embezzlement, a Mecklenburg County jury returned a $3-million-plus verdict for the...more

Katten Muchin Rosenman LLP

Texas (Business) Courts to Open for Business: Law Creating Specialized Business Courts in Texas Becomes Official

Last Friday, June 9, Texas Governor Greg Abbott signed Texas House Bill 19, which codifies a business court system in Texas. Similar to the commercial court systems that exist in Delaware and New York, Texas's business court...more

Fox Rothschild LLP

 Not all contacts are created equal: more PJ lessons from the Business Court.

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A few months after successfully settling its lawsuit and obtaining a consent judgment against JUUL, the State of North Carolina doubled down, suing five of JUUL’s officers and directors for unfair or deceptive trade...more

Fox Rothschild LLP

Business Court Finds that Alleged Lack of Diligence by Law Firm Had No Impact on Large Trial Court Loss

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Facing a $12.8 million judgment, a plaintiff sought recourse in a legal malpractice claim against his trial counsel for its alleged role in that unhappy result. But his undoing was the Business Court’s focus on whether he...more

Fox Rothschild LLP

Some Corporate Insiders Can Safely Throw Stones from Glass Offices

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The North Carolina Supreme Court ruled recently that a company’s allegedly fraudulent efforts to raise capital from outside investors can avoid sanction as an unfair or deceptive trade practice because the conduct is not...more

Fox Rothschild LLP

No Harm, No Foul

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Longtime college basketball commentator Billy Packer is credited with one of the better Yogi Berra-isms in NCAA hoops lore: “This is going to be a long three minutes here.” And that’s about how long it took for litigation...more

Fox Rothschild LLP

The “Securities Transaction” Exception: A Potent Defense To UDTP Claims

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What exactly is the “securities transaction” exception to a UDTP claim? As highlighted by the Business Court’s recent decision in Aym Technologies, LLC v. Scopia Capital Management, LPC et al., 2021 NCBC 20B (N.C. Super. Ct....more

Fox Rothschild LLP

N.C. Business Court Remains Suspicious Of A Chapter 75 Claim Involving Internal Corporate Strife, But Allows The Claim To Survive...

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The Business Court tentatively waded back into its well-settled case law that tends to scold litigants who try to convert internal company disputes into unfair trade practice claims in Constr. Managers, Inc. v. Amory, 2019...more

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