Brooks Pierce

Author

Latest Publications

Wes Camden

Prosecutors Trying to Get Martoma Wackiness into Evidence By Hook or by Crook

So I’m at my desk the other day, minding my own business, when I read on the Twitter, “Ex-SAC Trader Expelled from Harvard Law School” or some such. The article explained the 1999 expulsion of Mathew Martoma, who is currently…more

Evidence, Fraud, Insider Trading, Rule 404(b), Rule 608

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William Cary

DENR to Issue Siting Permits for Wind Energy Facilities

In April, I posted a discussion of the background of proposed legislation (HB 484 and SB 491) concerning the siting of wind energy facilities in North Carolina. In particular, the legislature was responding to concerns about the…more

New Legislation, Permits, Renewable Energy, Wind Power

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Charles Coble

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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Alexander Elkan

Federal Court Sends Conditional Registrations of Nanosilver Pesticides Back to EPA

Swiss company HeiQ Materials proposed to use new pesticides AGS-20 and AGS-20 (U) on manufactured textiles such as clothing, blankets, and carpet. Nanosilver is used in the pesticides to suppress microbes that cause odors and…more

EPA, NRDC, Pesticides

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Darrell Fruth

Federal Court Sends Conditional Registrations of Nanosilver Pesticides Back to EPA

Swiss company HeiQ Materials proposed to use new pesticides AGS-20 and AGS-20 (U) on manufactured textiles such as clothing, blankets, and carpet. Nanosilver is used in the pesticides to suppress microbes that cause odors and…more

EPA, NRDC, Pesticides

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Stephen Hartzell

First in Flight, Tops in Tech, Ascendant in UAS: Drones and North Carolina

The next time you go for a long hike in a national forest with no cell phone service, you might want to take a drone with you so that you can send for help when you break your leg, dehydrate, and need help. …more

Drones, FAA, NTSB

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William McNairy

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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Tim Nelson

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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Tanisha Palvia

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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Christopher Poe

JPMorgan Chase Admissions May Be Less Than Meet the Eye

Drama continues with JPMorgan Chase’s London Whale trades. For the few who don’t remember, the debacle emerged early last year, when trader Bruno Iksil, now known as the “London Whale,” lost a then-estimated $2 billion as a…more

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David Smyth

Give Me That Old-Time Insider Trading

Recently I had a question that required me to review Don Langevoort’s comprehensive insider trading treatise. It got me thinking about the roots of insider trading law. Specifically, the pre-SEC, pre-10b-5 insider trading…more

Business Torts, Corporate Officers, Insider Trading, Rule 10b-5, Securities Litigation

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Elizabeth Spainhour

SEC Dings Investment Adviser for Custody Violations, Failure to Supervise

Readers of this space – and SEC observers generally – will recall a March 4 risk alert designed to warn investors about the ways U.S. investment advisers had recently been found to have violated the SEC’s asset custody rule. The…more

Custody, Custody Rule, Investment Adviser, SEC, Supervision

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Mack Sperling

A Million Dollars In Fees For Class Counsel in Wachovia/Wells Fargo Merger Lawsuit

When I first looked at Judge Murphy's (unpublished) Order in Ehrenhaus v. Baker earlier this month awarding attorneys' fees to the class action attorneys who sued Wachovia and Wells Fargo over their merger in 2008, I was…more

Attorney's Fees, Business Litigation, Class Action, Corporate Counsel, Mergers

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Ed Turlington

Ten Things to Know About the 2013 North Carolina Legislative Session

The North Carolina General Assembly has completed its 2013 session after passing a two-year budget and considering hundreds of bills on a variety of topics. Here are some highlights from this year’s session..…more

Economic Development, Education Reform, Medicaid, New Legislation, State Budgets

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Sara Vizithum

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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Melissa Weaver

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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Kyle Woosley

Federal Court Sends Conditional Registrations of Nanosilver Pesticides Back to EPA

Swiss company HeiQ Materials proposed to use new pesticides AGS-20 and AGS-20 (U) on manufactured textiles such as clothing, blankets, and carpet. Nanosilver is used in the pesticides to suppress microbes that cause odors and…more

EPA, NRDC, Pesticides

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Sue Young

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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