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
  • 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

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

See all updates »

North Carolina Legislative Update - August, 2017

The legislators made their way back to Raleigh this week for the first in a series of special sessions. This particular session was intended to give legislators the chance to override gubernatorial vetoes, vote on conference…more

General Assembly, Legislative Agendas

See all updates »

Fourth Circuit Decision Opens the Door to Joint Employer Liability for Contractors - Could Your Company Be At Risk?

On January 25, 2017, the Fourth Circuit Court of Appeals[1] dealt a significant blow to the traditional contractor-subcontractor relationship. In finding that a contractor and subcontractor could be considered “joint employers”…more

Construction Industry, Corporate Counsel, Employer Liability Issues, Exempt-Employees, FLSA

See all updates »

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

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

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Understanding New Attacks on Section 230 Immunity

Section 230 of the Communications Decency Act provides website operators who post user-generated content with broad immunity from most legal claims arising from that content. It is this broad protection that enables popular…more

Communications Decency Act, Federal Rules of Civil Procedure, Immunity, Publishers, Section 230

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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 »

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

See all updates »

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 »

Understanding New Attacks on Section 230 Immunity

Section 230 of the Communications Decency Act provides website operators who post user-generated content with broad immunity from most legal claims arising from that content. It is this broad protection that enables popular…more

Communications Decency Act, Federal Rules of Civil Procedure, Immunity, Publishers, Section 230

See all updates »

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

See all updates »

Department of Labor "Overtime Rule" Enjoined by U.S. District Court

On November 22, 2016, the United States District Court for the Eastern District of Texas entered an order preliminary enjoining the Department of Labor's "Overtime Rule" on a nationwide basis. The Overtime Rule, which was…more

DOL, FLSA, Minimum Salary, Over-Time, Preliminary Injunctions

See all updates »

UAS in the USA: An Overview of the FAA's New Drone Rules

On June 21, 2016, the FAA announced its new rules to govern non-hobbyist small UAS (“sUAS” or “drones”) operations. Gluttons for punishment can read the entire 624-page FAA document here; others can read a summary of the…more

Airspace, Commercial Use, Drones, Federal Aviation Administration (FAA), Licensing Rules

See all updates »

North Carolina Legislative Update - August, 2017

The legislators made their way back to Raleigh this week for the first in a series of special sessions. This particular session was intended to give legislators the chance to override gubernatorial vetoes, vote on conference…more

General Assembly, Legislative Agendas

See all updates »

North Carolina Legislative Update - August, 2017

The legislators made their way back to Raleigh this week for the first in a series of special sessions. This particular session was intended to give legislators the chance to override gubernatorial vetoes, vote on conference…more

General Assembly, Legislative Agendas

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 »

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

See all updates »

Fourth Circuit Decision Opens the Door to Joint Employer Liability for Contractors - Could Your Company Be At Risk?

On January 25, 2017, the Fourth Circuit Court of Appeals[1] dealt a significant blow to the traditional contractor-subcontractor relationship. In finding that a contractor and subcontractor could be considered “joint employers”…more

Construction Industry, Corporate Counsel, Employer Liability Issues, Exempt-Employees, FLSA

See all updates »

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

See all updates »

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

See all updates »

Court Rejects Infringement Claim Against Alan Jackson

On October 27, 2016, North Carolina songwriter Timothy Arnett sued the legendary country star Alan Jackson in the Eastern District of North Carolina for alleged copyright infringement. Arnett claimed that Jackson’s song…more

Copyright, Copyright Infringement, Copyright Litigation, Dismissals, Music

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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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North Carolina Business Court Ruling Regarding Fees May Impact Class Action Claims

North Carolina Business Court Judge Louis Bledsoe III has held that the named plaintiff must pay any defendant's costs incurred after the plaintiff rejected the defendant’s offer of judgment. This decision brings to an end more…more

Business Court, Class Action, Federal Rules of Civil Procedure, Litigation Fees & Costs, Offer of Judgment

See all updates »

The Insider Trading Cartoon Series, Vol. 15 -- United States v. Newman (Part 2)

Welcome to the exciting conclusion to the United States v. Newman mini-series. Today we discuss Newman's doomed personal benefit test. It would eventually be undone by Salman v. United States, but it's still helpful in…more

Illegal Tipping, Insider Trading, Personal Benefit, US v Newman, US v Salman

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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 Legislature Decides To Legislate Choice Of Law Provisions In "Business Contracts"

The North Carolina General Assembly has decided to legislate choice of law in commercial transactions. The new statute, enacted in June, is called the "North Carolina Choice of Law and Forum in Business Contracts Act."…more

Choice-of-Law, Commercial Contracts, General Assembly, Pending Legislation

See all updates »

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 »

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 »

Department of Labor "Overtime Rule" Enjoined by U.S. District Court

On November 22, 2016, the United States District Court for the Eastern District of Texas entered an order preliminary enjoining the Department of Labor's "Overtime Rule" on a nationwide basis. The Overtime Rule, which was…more

DOL, FLSA, Minimum Salary, Over-Time, Preliminary Injunctions

See all updates »

North Carolina Legislative Update - August, 2017

The legislators made their way back to Raleigh this week for the first in a series of special sessions. This particular session was intended to give legislators the chance to override gubernatorial vetoes, vote on conference…more

General Assembly, Legislative Agendas

See all updates »

North Carolina Legislative Update - August, 2017

The legislators made their way back to Raleigh this week for the first in a series of special sessions. This particular session was intended to give legislators the chance to override gubernatorial vetoes, vote on conference…more

General Assembly, Legislative Agendas

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

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 »

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

See all updates »

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 »

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