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SC Supreme Court: Unfair Trade Practices Act applies to lawyers (access required)

South Carolina Supreme Court

The South Carolina Supreme Court has definitively ruled for the first time that the Unfair Trade Practices Act applies to the legal profession. The unanimous court determined Aug. 15 in an otherwise unremarkable legal malpractice case, RFT Management Co. v. Tinsley & Adams, that legal services ought to be considered a trade or business that is subject to the UTPA.

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Death of a salesman’s overtime (access required)

Salesman

In late June, as anticipation grew for a decision on the Affordable Care Act, the U.S. Supreme Court handed down a decision of equal importance – at least to some 90,000 pharmaceutical sales representatives across the country. In a 5-4 ruling in Christopher v. SmithKline Beecham Corp., the court decided that those representatives do not qualify for overtime pay under the Fair Labor Standards Act.

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Wrong claim on wrongful computer use (access required)

locked-notebook

Authorized access to a computer for an alleged unlawful purpose does not give rise to liability under the Computer Fraud and Abuse Act, the 4th U.S. Circuit Court of Appeals held on July 26, joining the Ninth Circuit in a growing split among the circuits and a possible showdown before the U.S. Supreme Court next term.

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Sued but not silent (access required)

Before she was sued in a state that she had never visited by people from as far away as South Wales for making defamatory online comments about an animal rescue group, Susan Barrett didn’t know much of anything about strategic lawsuits against public participation. Now, though, the Winston-Salem woman’s bank account is hurting, her blood pressure is up and she is encouraging lawmakers to renew stalled efforts to enact anti-SLAPP regulations that would make it more difficult for corporations and other well-heeled litigants to silence their critics with the threat of costly litigation.

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