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

Defending The Business-To-Business Data Breach Lawsuit

Hardly a day goes by without a headline announcing that a prominent company has fallen victim to a data breach. These headlines are followed, almost inevitably, by reports of class action lawsuits filed by consumers whose data…more
 /  Civil Procedure, Commercial Law & Contracts, Constitutional Law, Privacy, Science, Computers, & Technology

Internal Business Disputes, Third Parties, And Section 75-1.1

The reach of N.C. Gen. Stat § 75-1.1 extends to conduct “in or affecting commerce.” Although this phrasing seems broad, courts interpreted it to exempt several types of conduct from the statute’s purview. One recognized…more
 /  Civil Procedure, Commercial Law & Contracts

The North Carolina Business Court Explores The Boundaries Of “Substantial Aggravating Circumstances”

Courts have long recognized limitations on claims brought under N.C. Gen. Stat. § 75-1.1 in conjunction with alleged breaches of contract. Although the North Carolina Supreme Court has never formally recognized a restriction,…more
 /  Business Torts, Civil Procedure, Commercial Law & Contracts

The Government Can Sue For A Privacy Or Data-Security Violation. What Are The Limits Of That Government Power?

Consumers and businesses aren’t the only sources of potential privacy and data-security litigation. Today’s post looks at another important source: the Federal Trade Commission and state consumer-protection regulators…more
 /  Antitrust & Trade Regulation, Privacy, Science, Computers, & Technology

Section 75-1.1 And Trial Evidence

When a claim for violation of N.C. Gen. Stat. § 75-1.1 goes to trial, what analytical framework governs the admissibility of evidence related to that claim? Today’s post studies a recent decision by Judge Louis A. Bledsoe,…more
 /  Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts

The Economic Loss Rule And Misrepresentation-Based Section 75-1.1 Claims

We’re not alone in our interest in how the economic-loss doctrine applies to alleged violations of N.C. Gen. Stat. § 75-1.1. In a recent case in the North Carolina Business Court involving section 75-1.1 claims, Judge…more
 /  Business Torts, Civil Procedure, Commercial Law & Contracts

Defending Breach-Of-Contract Claims In Data-Breach Litigation

We’ve previously discussed the “overpayment” theory of injury in data-breach litigation. This theory rests on the premise that the price of a product or service includes a payment for data security measures. When a data breach…more
 /  Civil Procedure, Commercial Law & Contracts, Privacy, Science, Computers, & Technology

Does The Fair Credit Reporting Act Preempt State-Law Claims For Unfair And Deceptive Trade Practices?

In cases that involve claims brought under North Carolina’s Unfair and Deceptive Trade Practices Act, an often overlooked issue is whether federal law preempts the 75-1.1 claim. In a case of apparent first impression, a…more
 /  Antitrust & Trade Regulation, Civil Procedure, Communications & Media Law

Data Security Law: Managing The Legal Risks Of Cloud And Collaboration Tools

As anyone with a Dropbox or Google Drive account knows, consumer-grade cloud storage and collaboration services are a convenient way to store and share personal photos, music, video and documents. Employees who use these cloud…more
 /  Commercial Law & Contracts, Electronic Discovery, Privacy, Science, Computers, & Technology

How Variations In The Law on Deceptive Conduct Can Affect Litigation Strategy

North Carolina is not the only jurisdiction with a statute that prohibits deceptive conduct. These statutes, however, are not identical. Today’s post shows how the variations among these statutes can affect litigation…more
 /  Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts

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
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