Brooks Pierce

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2000 Renaissance Plaza
230 North Elm Street
Greensboro, NC 27401, United States
Phone: (336) 373-8850
Fax: (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
  • Constitutional Law
  • Construction Law
  • Criminal Law
  • Education
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • 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
100+ Attorneys

Increased DOJ Enforcement in the Health Care Space

Health care providers and entities take note: The Department of Justice (DOJ) is increasingly focused on enforcement in the health care space. DOJ has long prioritized health care fraud, but under the prior administration…more

Coronavirus/COVID-19, Criminal Prosecution, Department of Justice (DOJ), Elder Abuse, Electronic Medical Records

See all updates »

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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HIPAA Requirements for Using Online Tracking Technologies—What Health Care Providers Need to Know

Health care providers should evaluate their use of “tracking technologies” on their websites and mobile applications (apps) for compliance with HIPAA.  On December 1, 2022, the Office for Civil Rights (OCR) issued a bulletin…more

Data Privacy, Data Security, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), Mobile Apps

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The New Federal Law on Corporate Transparency – What Business Owners and Their Advisors Need to Know Now - Update

This article was originally published in May 2021, and updated January 2022 and March 2023. Approved by Congress in January 2021, the Corporate Transparency Act (CTA) is a new federal law requiring many business entities to…more

Beneficial Owner, Business Entities, Business Ownership, Corporate Governance, Corporate Transparency Act

See all updates »

You’ve Reopened Your Business After COVID-19. Now What?

As doors are re-opening and employees are returning to work, businesses should take measures to protect themselves—including their employees, customers, finances, and brand—as much as possible. Outlined below are a few measures…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Employment Policies, Families First Coronavirus Response Act (FFCRA)

See all updates »

Challenges to DOL Overtime Rule (Effective for *Almost All Covered Employers July 1, 2024)

Most employers in the United States will start the month of July with a higher salary requirement to exempt certain employees from minimum wage and overtime under the Fair Labor Standards Act (FLSA). However, a June 28th ruling…more

Covered Employer, Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Final Rules

See all updates »

Investing In Qualified Opportunity Funds

The Tax Cuts and Jobs Act signed on Dec. 22, 2017, amended the tax code to encourage economic growth and investment in designated distressed communities, called qualified opportunity zones, by providing federal income tax…more

Capital Gains, Community Development, Distressed Properties, Economic Development, Federal Taxes

See all updates »

COVID’s Lasting Impacts on Construction and Real Estate Trends

The COVID-19 pandemic is impacting every facet of the economy, including commercial construction and real estate. While the depth of some of the impacts may not be known for months, if not years, there are several emerging…more

American Institute of Architects, Business Closures, CARES Act, Construction Industry, Coronavirus/COVID-19

See all updates »

Non-Competes Called Unlawful - Again

In a new memo issued by the General Counsel (GC) for the National Labor Relations Board (NLRB), “the proffer, maintenance, and enforcement of a non-compete provision” is described as a violation of Section 8 of the National…more

Employer Liability Issues, Employment Contract, Federal Labor Laws, Hiring & Firing, Labor Reform

See all updates »

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

See all updates »

Ensure Your School Policies Protect Gender Diverse Students

With an increasing number of teens and tweens identifying as transgender or nonbinary, or “gender diverse,” school districts are grappling with a number of potential issues that may not have been on their radar just a few years…more

Diversity, FERPA, Gender Discrimination, Gender Identity, Parental Rights

See all updates »

Investing In Qualified Opportunity Funds

The Tax Cuts and Jobs Act signed on Dec. 22, 2017, amended the tax code to encourage economic growth and investment in designated distressed communities, called qualified opportunity zones, by providing federal income tax…more

Capital Gains, Community Development, Distressed Properties, Economic Development, Federal Taxes

See all updates »

Social Media and Politics: What President Trump’s Recent Executive Order Means

Since 1996, Section 230 of the Communications Decency Act has provided critical protection from most liability for content posted by third parties to websites and other “interactive computer services.” This protection has been a…more

Communications Decency Act, Executive Orders, Facebook, FCC, Free Speech

See all updates »

[Webinar] AI Usage in the Workplace and the Employment Implications of the Corporate Transparency Act (CTA) - July 20th, 10:00 am PT

Brooks Pierce attorneys Beth Langley, Kemper Patton and Mark Davidson will present a labor and employment webinar on July 20 titled, “AI Usage in the Workplace and the Employment Implications of the Corporate Transparency…more

Artificial Intelligence, Beneficial Owner, Continuing Legal Education, Corporate Transparency Act, Data Privacy

See all updates »

Ten Important Changes in the N.C. Uniform Power of Attorney Act

While it may be hard for some to believe, we are rapidly approaching an important anniversary: Jan. 1, 2019 will mark one year from the date the North Carolina Uniform Power of Attorney Act (codified as Chapter 32C of the N.C…more

Durable Power of Attorney, Estate Planning, Filing Deadlines, Government Seals, Notary Certificates

See all updates »

U.S. Privacy Law Outlook: What’s on the Horizon in 2024

Following an eventful 2023, we expect that many recent legislative and enforcement trends will persist, making 2024 a similarly impactful year in the development of U.S. privacy law. These trends include but are not limited to,…more

Consumer Privacy Rights, Data Privacy, Data Protection, Data Protection Acts, Legislative Agendas

See all updates »

Everything is Bigger in Texas, Including the Reach of its New Consumer Data Privacy Law

Texas recently became the tenth state to pass a comprehensive consumer data privacy law when its legislature voted in favor of the Texas Data Privacy and Security Act (TDPSA). The bill was signed by Governor Greg Abbott on June…more

California, California Consumer Privacy Act (CCPA), Data Privacy, Data Protection, Data Protection Acts

See all updates »

Risk and Reward: Environmental Issues in Real Estate Development

Throughout 2021 and the first half of 2022, the commercial real estate market in the Southeast has been remarkably active. Despite rising interest rates and economic uncertainty, analysts expect this trend of high activity to…more

ASTM, CERCLA, Due Diligence, Environmental Assessments, Environmental Impact Report (EIR)

See all updates »

COVID’s Long-Term Impact: Six Unique Legal Issues Facing Businesses in 2022

The legal landscape is ever-changing, as new laws are passed or existing laws are interpreted or enforced differently. Brooks Pierce attorneys have identified some of the biggest potential legal issues that businesses need to be…more

Acquisitions, Coronavirus/COVID-19, Corporate Governance, Cybersecurity, Data Protection

See all updates »

FTC to Vote on April 23 on Proposed Rule Banning Non-Competition Agreements

On April 16, 2024, the FTC announced the agency will hold a special Open Commission Meeting at 2 p.m. (Eastern) on April 23 to vote on its proposed rule to ban the use of non-compete provisions in the employment context..…more

Employees, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Labor Reform

See all updates »

Navigating the Uncertain Terrain of NIL Deals for Student Athletes

On July 1, 2021, the NCAA adopted an interim policy that allows any college athlete the opportunity to license their name, image and likeness (NIL), so long as they abide by applicable state law and other NCAA rules. This…more

Alston v NCAA, Name and Likeness, NCAA, SCOTUS, Student Athletes

See all updates »

Changing Laws Present Unique Estate Planning Opportunities for Married Couples

Today’s federal estate and gift tax laws may be remembered as the most generous to wealthy families since the Great Depression. The 2017 Tax Cuts and Jobs Act (TCJA) doubled the federal estate, gift, and generation skipping…more

Beneficiaries, Estate Planning, Estate Tax, Generation-Skipping Transfer, Gift Tax

See all updates »

Brooks Pierce Capital Dispatch: Legislators Pass Budget Adjustment Bill and Override Vetoes

Legislators returned to Raleigh this week and passed a bill that among other things, adjusts the budget law enacted in October 2023. They also voted to override four vetoes by Gov. Roy Cooper. Budget Adjustment Bill …more

General Assembly, Governor Cooper, Governor Vetoes, Legislative Agendas, New Legislation

See all updates »

FTC to Vote on April 23 on Proposed Rule Banning Non-Competition Agreements

On April 16, 2024, the FTC announced the agency will hold a special Open Commission Meeting at 2 p.m. (Eastern) on April 23 to vote on its proposed rule to ban the use of non-compete provisions in the employment context..…more

Employees, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Labor Reform

See all updates »

Guide to the COVID-19 Paycheck Protection Program and Loan Forgiveness

The Coronavirus Aid, Relief, and Economic Security Act, or the CARES Act, has been passed by Congress and awaits signature by the President. The CARES Act includes the much anticipated Paycheck Protection Program (PPP),…more

CARES Act, Coronavirus/COVID-19, Loan Forgiveness, Paycheck Protection Program (PPP), Popular

See all updates »

Farmers, Start Preparing: USDA to Begin Accepting Applications for Coronavirus Relief Payments on May 26

The USDA will begin accepting applications for direct payments to farmers Tuesday, May 26. These payments originate from the USDA Coronavirus Relief Fund Program (CFAP) that aims to reimburse farmers who have lost revenue from…more

Agricultural Sector, Applications, Crops, Farm Service Agency (FSA), Farms

See all updates »

Guide to Golden LEAF Rapid Recovery Loan Program

The Golden LEAF Foundation is providing $15 million in funding to launch a rapid recovery loan program in response to economic losses for small businesses related to COVID-19. The program is being launched by a consortium of…more

Coronavirus/COVID-19, Private Foundations, Small Business Loans, State and Local Government

See all updates »

Changes to the North Carolina Rules of Civil Procedure Take Effect Oct. 1, 2020

If opposing counsel sends you discovery or a pleading by email, it is no longer just a courtesy copy. Beginning Thursday, Oct. 1, 2020, that email effects service under the North Carolina Rules of Civil Procedure..…more

Coronavirus/COVID-19, Discovery, Electronic Filing, Email, Pleadings

See all updates »

Proposed IRS Valuation Rules Could Have Major Impact on Family Wealth Transfers

New rules proposed by the IRS on August 2 could severely limit or eliminate the use of discounts commonly applied to value interests in family businesses for tax purposes. These discounts, which have been approved in numerous…more

Business Valuations, Estate Planning, Family Businesses, IRS, Transfer of Assets

See all updates »

COVID’s Long-Term Impact: Six Unique Legal Issues Facing Businesses in 2022

The legal landscape is ever-changing, as new laws are passed or existing laws are interpreted or enforced differently. Brooks Pierce attorneys have identified some of the biggest potential legal issues that businesses need to be…more

Acquisitions, Coronavirus/COVID-19, Corporate Governance, Cybersecurity, Data Protection

See all updates »

Brooks Pierce Capital Dispatch: Legislators Pass Budget Adjustment Bill and Override Vetoes

Legislators returned to Raleigh this week and passed a bill that among other things, adjusts the budget law enacted in October 2023. They also voted to override four vetoes by Gov. Roy Cooper. Budget Adjustment Bill …more

General Assembly, Governor Cooper, Governor Vetoes, Legislative Agendas, New Legislation

See all updates »

Considerations for Customers Distressed Due to COVID-19

When a company’s customers declare bankruptcy, the company faces significant risk. These risks range from the obvious—for example, nonpayment of past-due invoices—to the not-so-obvious—e.g., preferential and voidable transfer…more

Bankruptcy Preferences, Coronavirus/COVID-19, Distressed Debt

See all updates »

With Election Season in Full Swing, Many States Legislate on Deepfakes in Political Ads – Broadcasters Among Those Caught in the Crosshairs

With November’s Election Day less than five months away and an onslaught of political ads already hitting the airwaves and social media feeds, many state legislatures have enacted or are considering passing legislation targeted…more

Artificial Intelligence, Deceptive Intent, Deep Fake, Disclosure Requirements, False Advertising

See all updates »

NLRB Releases Guidance Restricting Confidentiality and Non-Disparagement Provisions in Severance Agreements

On March 22, 2023, the General Counsel for the National Labor Relations Board (NLRB) issued a memorandum attempting to clarify the NLRB’s recent decision in McLaren Macomb that employers violate the National Labor Relations Act…more

Confidentiality Policies, Employees, Employer Liability Issues, Employment Litigation, Former Employee

See all updates »

OSHA Launches National Emphasis Program Targeting Heat-Related Workplace Illness and Injuries

As the temperatures rise, so will pressure on employers to monitor and address heat-related concerns in the workplace.  Identifying heat illness and its related risks, including death, as a “top priority” for enforcement,…more

Employer Liability Issues, Heat Exposure, Inspections, NEP, OSHA

See all updates »

Five Lessons Learned From a Lifetime in the Courtroom

I have spent my 43-year legal career in the courtroom as a litigator, including participating in more than 75 trials and 125 appeals. During this time, I have seen the science and psychology of trials evolve. In many cases,…more

Client Representation, Client Services, Law Firm Associates, Law Firm Partners, Law Practice Management

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Texas Court Issues Nationwide Ban on FTC’s Non-Compete Rule; Appeals Expected

On August 20, 2024, a Texas federal court ruled that the FTC’s final rule banning most non-compete agreements (the “Non-Compete Rule”) cannot go into effect as scheduled. Many employers had been preparing to comply with the…more

Administrative Procedure Act, Arbitrary and Capricious, Employees, Employer Liability Issues, Employment Litigation

See all updates »

Is It Time For Your Company to Hire In-House Counsel?

Your company has seen nice growth over the past five years – revenues are up, you are employing more people and you see new opportunities ahead. You are beginning your budget planning for next year. Originally published in…more

Corporate Counsel, Early Stage Companies, Entrepreneurs, Small Business

See all updates »

What is Hemp? Is It Even Legal?

Hemp and cannabidiol (CBD) products are dominating the airwaves and the marketplace, and North Carolina has been at the forefront, ranking sixth in the nation in acres of hemp produced in 2018. Many predict that the market will…more

Agricultural Sector, Banking Sector, Cannabidiol (CBD) oil, Cannabis Products, Commercial Tenants

See all updates »

PFAS Regulatory Developments and Risk Considerations for Manufacturers 

I. Overview of Federal Regulatory Developments Related to PFAS - Federal government activities with respect to regulation of PFAS in 2021, which will likely carry forward through 2024 include the following: Environmental…more

CERCLA, Effluent Limitations, Environmental Protection Agency (EPA), Executive Orders, Infrastructure Investment and Jobs Act (IIJA)

See all updates »

U.S. Privacy Law Outlook: What’s on the Horizon in 2024

Following an eventful 2023, we expect that many recent legislative and enforcement trends will persist, making 2024 a similarly impactful year in the development of U.S. privacy law. These trends include but are not limited to,…more

Consumer Privacy Rights, Data Privacy, Data Protection, Data Protection Acts, Legislative Agendas

See all updates »

Music Law 101: Common Music Licenses

In our previous posts in our Music Law 101 series, we have covered the basics of copyright law, including the scope of copyright protection, copyright ownership, the exclusive rights of copyright, the duration of copyright…more

Compulsory Licenses, Copyright, Intellectual Property Protection, IP License, Music

See all updates »

VTubing: Legal Protections and Pitfalls

While streaming has taken off as a new entertainment vertical, particularly during the pandemic, streamers face many challenges. When streamers take time off from their regular broadcast schedules, they lose viewers and…more

Copyright, Intellectual Property Protection, Internet Streaming, Legal Entities, Liability

See all updates »

Implications for Employers Following the Supreme Court’s Latest Civil Rights Decisions

In three long-awaited decisions released on June 29-30, the Supreme Court has altered the legal landscape between an employer and its employees. One decision concerning affirmative action and the use of race-based decision…more

Affirmative Action, Bias, Civil Rights Act, College Admissions, Colleges

See all updates »

Federal Executive Order on Artificial Intelligence

On Oct. 30, 2023, the president issued an Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. The 117-page order includes a range of directives, many of which are aimed at…more

Artificial Intelligence, Biden Administration, Cybersecurity, Data Privacy, Data Security

See all updates »

Federal And State Protections For Nonprofits Navigating The COVID-19 Pandemic

The COVID-19 pandemic creates a unique set of circumstances for nonprofits. Many of them are facing similar challenges to for-profit businesses — how to manage employees working remotely, dealing with declining revenue — but…more

CARES Act, Economic Injury Disaster Loans, Executive Orders, Governor Cooper, IRS

See all updates »

Faith-Based Organization Eligibility For SBA Loans Under CARES Act

The Coronavirus Aid, Relief, and Economic Security Act (CARES) enacted on March 27, 2020 contained several provisions related to the provision of loans by the Small Business Administration (SBA), including loans under the…more

CARES Act, Coronavirus/COVID-19, Paycheck Protection Program (PPP), Relief Measures, Religious Institutions

See all updates »

Risk and Reward: Environmental Issues in Real Estate Development

Throughout 2021 and the first half of 2022, the commercial real estate market in the Southeast has been remarkably active. Despite rising interest rates and economic uncertainty, analysts expect this trend of high activity to…more

ASTM, CERCLA, Due Diligence, Environmental Assessments, Environmental Impact Report (EIR)

See all updates »

DOL Rules Invalidated

A federal court in New York has invalidated portions of emergency Department of Labor (DOL) regulations that employers have been using to create their policies and determine whether to grant leave under the Families First…more

Coronavirus/COVID-19, Department of Labor (DOL), Documentation, EFMLA, Families First Coronavirus Response Act (FFCRA)

See all updates »

What North Carolina Businesses Need to Know About the California Consumer Privacy Act

Consumer privacy laws enacted on the other side of the country could have big implications for businesses here in North Carolina. On January 1, 2020, the California Consumer Privacy Act (CCPA) will take effect. This is a…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity, Data Collection, Data Protection

See all updates »

Texas Court Issues Nationwide Ban on FTC’s Non-Compete Rule; Appeals Expected

On August 20, 2024, a Texas federal court ruled that the FTC’s final rule banning most non-compete agreements (the “Non-Compete Rule”) cannot go into effect as scheduled. Many employers had been preparing to comply with the…more

Administrative Procedure Act, Arbitrary and Capricious, Employees, Employer Liability Issues, Employment Litigation

See all updates »

Changing Laws Present Unique Estate Planning Opportunities for Married Couples

Today’s federal estate and gift tax laws may be remembered as the most generous to wealthy families since the Great Depression. The 2017 Tax Cuts and Jobs Act (TCJA) doubled the federal estate, gift, and generation skipping…more

Beneficiaries, Estate Planning, Estate Tax, Generation-Skipping Transfer, Gift Tax

See all updates »

Texas Court Issues Nationwide Ban on FTC’s Non-Compete Rule; Appeals Expected

On August 20, 2024, a Texas federal court ruled that the FTC’s final rule banning most non-compete agreements (the “Non-Compete Rule”) cannot go into effect as scheduled. Many employers had been preparing to comply with the…more

Administrative Procedure Act, Arbitrary and Capricious, Employees, Employer Liability Issues, Employment Litigation

See all updates »

Guide to Golden LEAF Rapid Recovery Loan Program

The Golden LEAF Foundation is providing $15 million in funding to launch a rapid recovery loan program in response to economic losses for small businesses related to COVID-19. The program is being launched by a consortium of…more

Coronavirus/COVID-19, Private Foundations, Small Business Loans, State and Local Government

See all updates »

North Carolina Legislators Enact COVID-19 Relief Bill 3.0

The North Carolina General Assembly left Raleigh on Sept. 3 after passing a bill to appropriate additional federal COVID relief funds. This Session was in addition to those held in late April and June that also focused on…more

Coronavirus/COVID-19, Federal Funding, Financial Stimulus, Legislative Agendas, New Legislation

See all updates »

U.S. Department of Education Unveils a New Landscape for Addressing Sex Discrimination in Schools

On April 19, 2024, the U.S. Department of Education released its final changes to the Title IX regulations. The new rules will go into effect on August 1, 2024. “Title IX” refers to Title IX of the Education Amendments of 1972,…more

Department of Education, Discrimination, Educational Institutions, Federal Funding, New Regulations

See all updates »

Brooks Pierce Capital Dispatch: Legislators Pass Budget Adjustment Bill and Override Vetoes

Legislators returned to Raleigh this week and passed a bill that among other things, adjusts the budget law enacted in October 2023. They also voted to override four vetoes by Gov. Roy Cooper. Budget Adjustment Bill …more

General Assembly, Governor Cooper, Governor Vetoes, Legislative Agendas, New Legislation

See all updates »

COVID-19 Hero Highlights: Cape Fear Distillery Turns Spirits to Sanitizer

This article is part of a series in which Brooks Pierce highlights clients that are going above and beyond to help combat the effects of the COVID-19 crisis in their communities. Three months ago, Cape Fear Distillery® in…more

Coronavirus/COVID-19, Distilleries, First Responders, Health and Safety, Public Health

See all updates »

Changing Laws Present Unique Estate Planning Opportunities for Married Couples

Today’s federal estate and gift tax laws may be remembered as the most generous to wealthy families since the Great Depression. The 2017 Tax Cuts and Jobs Act (TCJA) doubled the federal estate, gift, and generation skipping…more

Beneficiaries, Estate Planning, Estate Tax, Generation-Skipping Transfer, Gift Tax

See all updates »

Changes to the North Carolina Rules of Civil Procedure Take Effect Oct. 1, 2020

If opposing counsel sends you discovery or a pleading by email, it is no longer just a courtesy copy. Beginning Thursday, Oct. 1, 2020, that email effects service under the North Carolina Rules of Civil Procedure..…more

Coronavirus/COVID-19, Discovery, Electronic Filing, Email, Pleadings

See all updates »

Plan Sponsors, Beware This Benefit Plan Pitfall…

Do you know who is responsible for administering your ERISA employee benefit plans, including who has the authority to resolve claims for benefits under each plan? Do your plan documents reflect your actual administrative…more

Benefit Plan Sponsors, De Novo Standard of Review, Disability Benefits, Employee Benefits, Employee Retirement Income Security Act (ERISA)

See all updates »

NC Governor Cooper Signs COVID-19 Recovery Act Impacting Public Education

On April 24, 2020, Governor Cooper closed schools for in-person instruction for the remainder of the 2019–2020 school year. On May 4, 2020, the Governor signed into law the COVID-19 Recovery Act (the “Act”), effective…more

Coronavirus/COVID-19, Governor Cooper, Public Schools, State and Local Government, Students

See all updates »

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