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 federal decision called CVS Pharmacy, Inc. v. Press America, Inc. Misdirected Mailings Lead to Major Fee Adjustment […]
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 “robotically” signing mortgage loan documents without reviewing them. A recent decision from the Middle District of North […]
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 contracting partner? Today’s post looks at a recent decision about these questions. […]
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 federal courts in 2009, 2014, and 2017—appear even to have considered 75-1.1 claims in […]