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

Indemnification For Data Breaches: Understanding And Allocating Risk

Many contracts between companies and their service providers have broad indemnification provisions. How do those provisions apply in the context of a privacy breach? Today’s post looks at that question—in particular, a recent…more
 /  Commercial Law & Contracts, Health, Privacy, Science, Computers, & Technology

Can A Lender’s “Robo-Signing” Of A Loan Document Be The Basis For An Unfair Or Deceptive Trade Practice Claim?

The financial crisis of 2008 and the subsequent wave of mortgage foreclosures brought to light certain lenders’ practices of “Robo-Signing.” Robo-Signing was a term coined to refer to bank employees’ alleged practice of…more
 /  Antitrust & Trade Regulation, Civil Procedure, Real Estate - Residential

When A Claim Of Deception Turns On Promises

Businesses regularly make decisions based on forecasts of future market opportunities. When a business makes a bad guess, however, can N.C. Gen. Stat. § 75-1.1 come to its aid? What if the guess turned on statements by a…more
 /  Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts

The Proposed Overhaul Of North Carolina’s Data-Breach Law Could Have Big-Time Consequences

One might expect N.C. Gen. Stat. § 75-1.1 to play a big role in data-breach litigation. The statute, after all, offers the prospect of treble damages and attorney fees. But, historically, it hasn’t. Only three decisions—from…more
 /  Antitrust & Trade Regulation, Civil Procedure, Privacy, Science, Computers, & Technology

Does Misappropriation Of Trade Secrets By A Former Employee Constitute A Per Se Violation Of Section 75-1.1?

As we have explored, a party that tries to prove a violation of N.C. Gen. Stat § 75-1.1 in connection with an employment matter faces some serious obstacles. A recent decision from the U.S. District Court for the Western…more
 /  Antitrust & Trade Regulation, Civil Procedure, Intellectual Property

DRI - The Powerful Economic-Loss Rule - Defending The Business-To-Business Data-Breach

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, Privacy, Science, Computers, & Technology

WannaComply? OCR’s Application Of HIPAA’s Breach Notification Rule To Ransomware Attacks

Organizations worldwide are facing a new cybersecurity plague: ransomware attacks such as the recent, widely publicized, and global WannaCry[2] and Petya[3] outbreaks. In the typical case, after users click on a malicious link,…more
 /  Privacy, Health, Science, Computers, & Technology

Defending Data-Breach Lawsuits Brought By Employees (Part 2 of 2)

Yesterday’s post examined Sackin v. TransPerfect, Inc., where an employer suffered a data breach involving its employees’ sensitive information. After the employees sued, a federal court in New York refused to dismiss claims…more
 /  Commercial Law & Contracts, Labor & Employment Law, Privacy, Science, Computers, & Technology

Defending Data-Breach Lawsuits Brought By Employees (Part 1 of 2)

As we’ve previously discussed, companies are often sued by their customers and business partners after a data breach. Another increasingly common source of data-breach litigation comes from within: companies’ own employees. …more
 /  Labor & Employment Law, Privacy, Science, Computers, & Technology

When Does A Business Dispute That Involves A Third Party Remain “Internal” For Purposes Of An Unfair And Deceptive Trade Practice Claim?

The North Carolina Business Court has issued several opinions this year that examine the contours of the “internal business affairs” doctrine. As we have explained in prior posts, North Carolina courts have recognized that…more
 /  Business Torts, Civil Procedure, Commercial Law & Contracts

Playing Chicken With Claims For Unfair Trade Practices

The past year has seen several notable decisions concerning how choice-of-law regimes can affect the viability of a claim for violation of N.C. Gen. Stat. § 75-1.1. Today’s post involves another case on this topic. In Koch…more
 /  Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts

Unfair And Deceptive Trade Practices Claims In Data-Breach Lawsuits

Section 5 of the Federal Trade Commission Act provides a powerful tool for the federal government to regulate companies’ data-security practices. Rather than adopt specific data-security standards, the FTC often uses Section 5’s…more
 /  Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Privacy, Science, Computers, & Technology

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
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