Presentation to NC Bar Association

Last year, I spoke on section 75-1.1 at a CLE program sponsored by the Antitrust and Complex Business Disputes Section of the North Carolina Bar Association. I’ve attached my slides here. I’ve also embedded them below.

In the presentation, I addressed three perennially unsettled topics under section 75-1.1:

  • the meaning of unfairness (as compared with deception),
  • per se violations, where a violation of another source of law—even one that has no private right of action—is treated as a violation of section 75-1.1, and
  • choice of law in unfair-trade-practices cases.

Note especially slides 36-39, where I address a murky subject: when section 75-1.1 claims can be barred for having extraterritorial effects. I’ll discuss this subject in a future post.

The first section of the presentation summarizes Kip Nelson’s and my North Carolina Law Review article on the unfairness doctrine. Here’s a link to that article.

One response to “Presentation to NC Bar Association

  1. The manuscript that went along with this presentation is really informative, and the North Carolina Bar Association is still selling it.

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