Yesterday’s post examined a case called In re Yahoo! Inc. Customer Data Security Breach Litigation. In In re Yahoo!, Yahoo sought to dismiss data-breach claims based on disclaimers and limitations of liability contained in Yahoo’s online terms of service. As we discussed, the court rejected Yahoo’s reliance on security-related disclaimers […]
Companies that operate online often include disclaimers and limitations of liability in standardized terms of service. If a company suffers a data breach involving personal information collected from its customers, can the company rely on these disclaimers to limit or preclude liability to those customers? This two-part series of […]
We have examined cases that explore exemptions to liability under N.C. Gen. Stat. § 75-1.1. The section 75-1.1 carve-outs include exemptions for securities transactions, internal business disputes, and employment matters. Courts have also generally excluded residential real estate sales from the statute. A recent decision from the North Carolina Court […]
We have recently examined several cases that explore the contours of two related exemptions to liability under N.C. Gen. Stat. § 75-1.1—the internal business disputes doctrine and the securities exemption. Courts generally exempt both the internal business affairs of a company and their securities transactions from 75-1.1 liability. The underlying […]