Brooks Pierce

North Carolina Supreme Court Re-Affirms Classic View of "Blue-Pencil Doctrine" for Non-Competition Agreements

The North Carolina Supreme Court, in a long-awaited decision, reaffirmed the Court's historic view on the "blue-pencil" doctrine in North Carolina as it relates to non-competition agreements. In Beverage Systems Of The…more

Blue Pencil Contract Modification, NC Supreme Court, Non-Compete Agreements, Restrictive Covenants, Reversal

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Legislative Update

With negotiations on the budget bill (H1030) continuing outside the public view, this week the General Assembly focused on other issues. Body Cameras (H972) - The House Judiciary II Committee approved a plan to make…more

Body Worn Cameras, Coal Ash, General Assembly, Governor Pat McCrory, Legislative Agendas

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Retrench of DOJ’s Equitable Sharing Program Could be Boon to N.C. Schools

“Equitable Sharing” sounds so reasonable. Who could argue with it? Here’s what it is, and what it does: The Justice Department’s Equitable Sharing program allows federal law enforcement agencies to “adopt” seizures of…more

DOJ, Forfeiture, Law Enforcement, Public Schools, Search & Seizure

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Physician Practices Be Alert: You Might Be Violating HIPAA If You Produce Medical Records In Response To State Court Subpoenas

Over the past months, my experiences with physician practices have made me realize that many practices do not understand how HIPAA applies to subpoenas for medical records. More worrisome, I suspect that many practices…more

HIPAA, Medical Records, PHI, Physicians, Subpoenas

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Homecare Worker Compliance Deadline NOT Extended: Risk of Private Suits Remain

On October 6, 2014, the US Department of Labor issued a Notice announcing a “Time-Limited Non-Enforcement Policy” related to the new Fair Labor Standards Act (FLSA) regulations affecting domestic service employees. Those new…more

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Second Circuit Denies En Banc Review of Aereo Decision

The U.S. Court of Appeals for the Second Circuit denied today a petition for review, en banc, of an earlier decision by a three-judge panel of the Court that had ruled in favor of Aereo and against broadcasters in a case that…more

Aereo, Broadcasting, Entertainment Industry, Media, Telecommunications

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Pitfalls in Managing Online Reputations

Whether you represent sports stars and high-profile entertainers, or hometown doctors, architects, and restaurateurs, you have almost certainly gotten calls in the past several years asking for your help in dealing with…more

Communications Decency Act, Defamation, Discovery, First Amendment, Immunity

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The Best of Intentions: Letters of Intent in the Sale of a Business

The sale of a business often takes several months and generates huge amounts of paperwork. The process culminates in a purchase agreement typically exceeding fifty single-spaced pages full of dense wording…more

Change of Ownership, Confidentiality Agreements, Contract Terms, Indemnification, Letters of Intent

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FCC Fines Cable Operator Following Data Breach Investigation

The FCC has been flexing its muscles in 2015 when it comes to enforcing data security requirements. In April, it reached a $25 million settlement with AT&T Services, Inc. for failing to safeguard customers’ personal…more

AT&T, Communications Act of 1934, Consent Decrees, Cox Communications, Data Breach

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Uncertainty about the time limit for filing a groundwater contamination claim in North Carolina.

What is the latest date upon which a private plaintiff must file a claim for personal injury or property damage based on groundwater contamination in North Carolina? Until recently, the answer to this question appeared to…more

Bodily Injury, Contaminated Properties, Groundwater, Property Damage, Statute of Limitations

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An IP Lawyer Answers the Common Question: "Should I patent this?"

We are often asked “should I get a patent on this?” While there is no simple answer, it helps to understand the patent process, compare it to other ways for protecting inventions, and then weigh the relevant pros and cons. …more

Entrepreneurs, Inventors, Non-Disclosure Agreement, Patent Applications, Patents

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U.S. Department of Labor Publishes New Overtime Regulations

On May 18, 2016, the United States Department of Labor ("DOL") announced the publication of the DOL's final rule updating the overtime regulations, which will extend overtime pay protections to potentially millions of workers…more

DOL, Final Rules, FLSA, Minimum Salary, Over-Time

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Big Announcement, Small UAS: FAA Launches Commercial Drone Proceeding

Unless you have been completely disconnected from all media, you are probably already aware that on Sunday, February 15, 2015, the FAA announced the release of its long-awaited rules to govern commercial sUAS (small unmanned…more

Commercial Use, Corporate Counsel, Drones, Federal Aviation Administration (FAA), NPRM

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Legislative Update

With negotiations on the budget bill (HB 1030) still continuing outside the public view, this week the General Assembly focused on other issues. Tax Proposals; Services Tax Clarifications and New Market Jobs Act - …more

Boating Accidents, Common Core State Standards, Felonies, Financial Reporting, General Assembly

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Legislative Update

With negotiations on the budget bill (HB 1030) still continuing outside the public view, this week the General Assembly focused on other issues. Tax Proposals; Services Tax Clarifications and New Market Jobs Act - …more

Boating Accidents, Common Core State Standards, Felonies, Financial Reporting, General Assembly

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The Health Care and Education Reconciliation Act’s Tax on Net Investment Income

One of the provisions included in the health care reform legislation enacted in 2010 will subject certain individuals to a 3.8% tax on net investment income (or "unearned income"). The new law is effective in 2013 and imposes a…more

Net Investment Income, New Legislation, Tax Liability, Tax Planning

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DOJ Leak Investigations Raise First Amendment Concerns

Many journalists, constitutional lawyers, and plain old average Americans have expressed alarm at recent revelations about the Obama Administration’s “unprecedented number of leak investigations.”…more

Barack Obama, Conspiracies, DOJ, Espionage Act, First Amendment

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Supreme Court Criminal Law Update

The United States Supreme Court has issued numerous substantive opinions in the past year on topics ranging from withdrawal from a conspiracy to searches and seizures to what constitutes a Fifth Amendment violation. This article…more

Burden of Proof, Conspiracies, Detainment, Ex Post Facto Clause, Fifth Amendment

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Second Circuit Limits Insider Trading Law for Remote Tippees

Matt Levine is a big jerk. He just sits there at Bloomberg following events in finance and securities enforcement, and then writes interesting things about those events really quickly and with insight that no one else has…more

Appeals, Dell, Indictments, Insider Trading, Material Nonpublic Information

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How the New Trade Secrets Law May Affect You

A week ago, on May 11, 2016, the President signed into law the new federal “Defend Trade Secrets Act of 2016.” It arms with substantial new weaponry those whose trade secrets have been taken. What has been less heralded, but…more

Asset Seizure, Confidentiality Agreements, Defend Trade Secrets Act (DTSA), Employment Contract, Ex Parte

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Supreme Court Says Prosecutors Can’t Judge the Cases They Prosecute

Not all of the justices would put it that way. To be fair to the dissenters, and because his version is shorter, we’ll use Justice Thomas’s description of the underlying facts from his dissent in Williams v. Pennsylvania, 579…more

Brady Violation, Convictions, Criminal Prosecution, Death Penalty, Due Process

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Website Privacy Policy Updates – Tell Them About It

You may have noticed our law firm’s website recently posted a notice announcing a change to our website’s privacy policy. You may have seen other website publishers do something similar from time to time, as well…more

Data Collection, Facebook, FTC, Google, Privacy Policy

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NC Attorney General Reaches $9 Milllion Settlement With "American Indian Business" Western Sky Over Usurious Loans

You will remember the North Carolina Attorney General's lawsuit against Western Sky Fin'l, LLC. It generated an opinion from the Business Court last year in which Judge McGuire enjoined the Defendants from making further high…more

Attorney Generals, Consumer Financial Contracts, Final Judgment, Interest Rates, Loans

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Homecare Worker Compliance Deadline NOT Extended: Risk of Private Suits Remain

On October 6, 2014, the US Department of Labor issued a Notice announcing a “Time-Limited Non-Enforcement Policy” related to the new Fair Labor Standards Act (FLSA) regulations affecting domestic service employees. Those new…more

See All Updates »

Legislative Update

With negotiations on the budget bill (HB 1030) still continuing outside the public view, this week the General Assembly focused on other issues. Tax Proposals; Services Tax Clarifications and New Market Jobs Act - …more

Boating Accidents, Common Core State Standards, Felonies, Financial Reporting, General Assembly

See All Updates »

Legislative Update

With negotiations on the budget bill (HB 1030) still continuing outside the public view, this week the General Assembly focused on other issues. Tax Proposals; Services Tax Clarifications and New Market Jobs Act - …more

Boating Accidents, Common Core State Standards, Felonies, Financial Reporting, General Assembly

See All Updates »

New North Carolina Law Provides Tool to Battle Patent Trolls

The North Carolina General Assembly recently passed a bill aimed at the abusive assertion of patents. It was part of the Commerce Protection Act of 2014 (S 648, S.L. 2014-110, section 2.1) and was signed into law by Governor…more

Corporate Counsel, New Legislation, Non-Practicing Entities, Patent Assertion Entities, Patent Trolls

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The Health Care and Education Reconciliation Act’s Tax on Net Investment Income

One of the provisions included in the health care reform legislation enacted in 2010 will subject certain individuals to a 3.8% tax on net investment income (or "unearned income"). The new law is effective in 2013 and imposes a…more

Net Investment Income, New Legislation, Tax Liability, Tax Planning

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The Affordable Care Act – It’s Time to Start Counting Hours

The 2010 enactment of the Affordable Care Act (“ACA” or the “Act”) ushered in an enormous social reform effort aimed at improving the nation’s health care system through a series of mandates, premium subsidies, and taxes…more

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Uncertainty about the time limit for filing a groundwater contamination claim in North Carolina.

What is the latest date upon which a private plaintiff must file a claim for personal injury or property damage based on groundwater contamination in North Carolina? Until recently, the answer to this question appeared to…more

Bodily Injury, Contaminated Properties, Groundwater, Property Damage, Statute of Limitations

See All Updates »

The Health Care and Education Reconciliation Act’s Tax on Net Investment Income

One of the provisions included in the health care reform legislation enacted in 2010 will subject certain individuals to a 3.8% tax on net investment income (or "unearned income"). The new law is effective in 2013 and imposes a…more

Net Investment Income, New Legislation, Tax Liability, Tax Planning

See All Updates »

Contact

2000 Renaissance Plaza
230 North Elm Street
Greensboro, NC 27401, United States

  • (336) 373-8850
  • (336) 378-1001

Areas of Practice
  • Administrative Law
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Criminal Law
  • Education
  • Environmental Law
  • Finance & Banking
  • Government
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Professional Malpractice
  • Real Estate
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • North Carolina
Number of Attorneys

50-100 Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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