Brooks Pierce

Dead Partner And Disqualification

The Business Court on Wednesday disqualified a law firm from representing its longtime corporate client in a lawsuit against the corporation's former CEO and Chairman of its Board of Directors…more
| Civil Procedure, Law Practice Products & Services

FINRA Issues Report on Cybersecurity Practices

Following up on our post from last week on the SEC’s cybersecurity exam sweep, you should also know about FINRA’s recent report on this area. Last month, FINRA published a Report on Cybersecurity Practices that really could be…more
| Business Organizations, Finance & Banking, Privacy, Science, Computers, & Technology, Securities Law

If You Are Proceeding Pro Se In The Business Court It Is Best Not To Be Defiant

It's probably never a good idea to proceed without a lawyer in any Court, but if you are a non-lawyer and insist on proceeding pro se in the Business Court, don't be defiant and obnoxious.  You will not like the result…more
| Civil Procedure, Civil Remedies

SEC Releases Results of Cybersecurity Exam Sweep

We’re a bit behind on this, but better (a little bit) late than never. Last month the SEC’s Office of Compliance, Inspections and Examinations released the first results of its Cybersecurity Examination Initiative, announced in…more
| Administrative Law, Finance & Banking, Privacy, Science, Computers, & Technology, Securities Law

FTC Commissioner Comments on Consumer Privacy Bill of Rights

Last week, we posted about the Consumer Privacy Bill of Rights “discussion draft” released by the Obama Administration. On Thursday, March 5, at the annual U.S. meeting of the International Association of Privacy Professionals…more
| Antitrust & Trade Regulation, Consumer Protection, Privacy, International Law & Trade, Science, Computers, & Technology

There Is A Difference Between "Inducing" Something and "Causing" Something

If you asked me to list my favorite torts, tortious interference with prospective economic advantage would be near the bottom of the list. But that tort was front and center in Judge McGuire's Opinion in KRG New Hill…more
| Civil Procedure, Business Torts

Consumer Privacy Bill of Rights Act - A Mixed Bag

Late last week, President Obama released a “discussion draft” of the Administration’s long awaited Consumer Privacy Bill of Rights Act. At first blush, the results are a mixed bag: some good, some not so good, much work among…more
| Antitrust & Trade Regulation, Elections & Politics, Privacy, Consumer Protection, Science, Computers, & Technology

Stop Asking The Business Court To Overrule An Order Of Another Business Court Judge

I don't know why lawyers keep trying to get Business Court Judges to overrule decisions by one of their predecessors. It is just not going to happen, as illustrated (yet again) by Judge Bledsoe's decision in County of Catawba…more
| Civil Procedure

The SEC Will Be Your Employment Law Agency, Too

The nature of the SEC’s business a regulator of public companies lends a certain expansive aspect to its jurisdiction. That is, when your job as a government agency is to be sure public companies are making complete and…more
| Administrative Law, Business Organizations, Labor & Employment Law, Securities Law

SIFMA Gets Its Cybersecurity-Antitrust Wish

I’m sure you remember SIFMA’s Principles for Effective Cybersecurity Regulatory Guidance, issued last October. I mean, you read about them right here. One of the principles was this: Principle 9: Information Sharing is…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Finance & Banking, Privacy, Science, Computers, & Technology

Two-Factor Authentication May Be Coming to a Bank Near You

When I was at the SEC and online broker-dealers’ customers were the victims of hacking incidents, I used to wonder, why don’t the broker-dealers require multi-factor authentication to gain access to accounts? It was a silly…more
| Consumer Protection, Finance & Banking, Privacy, Science, Computers, & Technology

A Valuable Point From The NC Business Court On Subpoenas Without Depositions

Can you send a subpoena duces tecum -- which translated from Latin is "a writ commanding a person to produce in court certain designated documents or evidence " -- without coupling it with a deposition?…more
| Civil Procedure, Electronic Discovery

In Ordering Disgorgement in SEC Cases, Courts Have Discretion, but Not That Much Discretion

When defendants argue in federal court against the SEC’s calculation of a disgorgement figure, they hear a lot of this: “A district court has broad discretion to order disgorgement of profits obtained through violation…more
| Business Torts, Civil Procedure, Civil Remedies, Securities Law

The FCPA on Prezi

I spoke at the UNC Festival of Legal Learning last week about recent developments in the law surrounding the FCPA. It’s always a little tricky speaking to novices in any area, because you have to lay a lot of groundwork for the…more
| Law Practice Products & Services

One Good Thing and One Bad Thing about SEC Administrative Proceedings

One of my favorite lines from my kids’ books involves a cat named Pickles who’s having something of an identity crisis. Pickles doesn’t really have an owner, but does have a temporary caretaker, who tells him, “Pickles, you’re…more
| Administrative Law, Civil Procedure, Commercial Law & Contracts, Securities Law
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