This session examines the salient law involving the “in or affecting commerce” requirement of N.C.G.S. § 75-1.1 with particular focus on when business conduct is neither in nor affects commerce and falls outside of the statute's reach. By its text, section 75-1.1 applies only to acts or practices “in or affecting commerce.” The statute then defines “commerce” to include “all business activities, however denominated.” That definition seems limitless. “All business activities” arguably encompasses any action that a business takes. Unsurprisingly, courts have concluded that the term “commerce” has boundaries.

This session reviews those boundaries in four areas:  1. The learned-profession exemption, 2. Employment disputes, 3. Internal business disputes, and 4. Pervasively regulated conduct.

SPEAKER

• Stephen D. Feldman, Ellis & Winters LLP, Raleigh

PRODUCED
Session from Complex Issues Arising in Complex Litigation (2019 Antitrust & Complex Business Disputes Law Section Annual Meeting), February 7, 2019

PLANNED BY
NCBA Antitrust & Complex Business Disputes Law Section

APPROVED CREDIT
North Carolina: 0.75 MCLE/CPE Hours

PROGRAM PRICING
See pricing below.