Brooks Pierce

Why Did BHP Billiton Settle an FCPA Case Including 7+ Year-Old Conduct?

Remember the Water Cube from the 2008 Olympics in Beijing? BHP Billiton has probably had reason to think about it recently. On Wednesday it settled an FCPA case with the SEC arising out of the company’s sponsoring the…more
| Commercial Law & Contracts, International Law & Trade, Securities Law

NC Business Court Gives Full Faith And Credit To LegalZoom's California Class Action Settlement

There are probably some of you who lie awake at night wondering whether Leagalzoom's offering of do it yourself lawyering products will be found to be the unauthorized practice of law (UPL) in North Carolina…more
| Civil Procedure, Constitutional Law

Two Claims You May Not Want To Make In North Carolina

I said yesterday that there was too much in DSM Dyneema, LLC v. Thagard, 2015 NCBC 47 for just one post, so here are the rest of the key points from the case. They involve two claims you might not want to bother to make in…more
| Business Organizations, Commercial Law & Contracts, Labor & Employment Law, Intellectual Property

Trade Secret Plaintiff Avoids Dismissal, Gets Discovery

One of the most interesting Business Court decisions of last year was Judge Bledsoe's opinion in DSM Dyneema, LLC v. Thagard, 2014 NCBC 50, in which he held that the Plaintiff, which was suing for misappropriation of trade…more
| Civil Procedure, Business Torts, Intellectual Property

D.C. Circuit Says “Heads I Win, Tails You Lose” Is Maybe Not the Best Set of Rules for Criminal Forfeiture

If you’re a federal prosecutor, you have a lot of tools at your disposal. Crimes waiting to be indicted are abundant. If you’re having trouble getting a defendant sentenced as a career offender, you can see if he fits as a “de…more
| Business Organizations, Civil Remedies, Criminal Law, Government Contracting

Interpreting The Right To Specific Performance In A Shareholder Buy-Sell Agreement

I've never thought very hard about the remedy of specific performance. That means ordering a party to a contract to perform its contractual obligations. But the ability of the Court to order specific performance was front…more
| Business Organizations, Civil Remedies, Securities Law

Can You Sue Only One Conspirator After Dismissing Its Co-Conspirators?

Can you sue an alleged conspirator without suing the other parties to the alleged conspiracy? That was one of the questions addressed by Judge Gale in the decision last week in Loftin v. QA Investments LLC, 2015 NCBC 41…more
| Civil Procedure, Finance & Banking, Business Torts, Securities Law

Insider Trading Recklessness and Kevin Love’s Shoulder

A couple of weeks ago I expressed skepticism about the ultimate impact of Judge Rakoff’s recent opinion in SEC v. Payton. In it, he held that for purposes of a motion to dismiss, the SEC had adequately alleged insider trading…more
| Civil Procedure, Finance & Banking, Business Torts, Securities Law

An Interesting Trade Secrets Case From The Business Court

If you were unsure whether customer information held by your client -- like customer contact information, sales reports, prices and terms books, sales memos, sales training manuals, commission reports, and vendor information --…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law, Business Torts, Intellectual Property

FCC Stakes Out Privacy Territory in Broadband Privacy Workshop

If you thought all the action in privacy regulation centered around the Federal Trade Commission, the Federal Communications Commission would like you to think again. Yesterday, April 28, the FCC held a 3-plus hour workshop that…more
| Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

The SEC Doesn’t Love Secret Perks for Executives

If you find yourself as the CEO of a public company, you’ll probably find pluses and minuses. You’ll have to work really hard, but it can be lucrative, too. You can get paid a lot of money. And your company can pay you…more
| Administrative Law, Business Organizations, Commercial Law & Contracts, Securities Law

NC Business Court: What Part Of Disqualification Do You Not Understand?

You will all recall the Business Court's disqualification of a law firm from representing its longtime client, in Kingsdown Inc. v. Hinshaw, 2015 NCBC 27. Now there is a second chapter to the disqualification, which came in an…more
| Business Organizations, Civil Procedure

Business Court Denies TRO In The Midst of A Proxy Fight

The Defendant in Allcorn v. Bradley Creek Boatominium, Inc. sought an injunction against the Plaintiffs in the midst of a proxy fight as to their allegedly defamatory statements in connection with the election of the Defendant's…more
| Business Organizations, Civil Procedure, Civil Remedies, Personal Injury, Nonprofit Law

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
| Civil Procedure, Privacy, Health

Two Regulatory Crises

It strikes me that two civil regulators are facing dire attacks on aspects of their enforcement programs – both in different U.S. Courts of Appeals – at the same time. Both of these attacks arise out of generalized statutes…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Criminal Law, Privacy, Securities Law
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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
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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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