Brooks Pierce

2000 Renaissance Plaza 230 North Elm Street
Greensboro, NC 27401, United States

  • (336) 373-8850
  • (336) 378-1001

Is Your Client's Customer Information A Trade Secret? Maybe, If You Plead It Specifically Enough.

I have remarked before how hard the Business Court has been on Plaintiffs making trade secrets claims. You can look here and here for example of these prior posts. The Court has often dismissed trade secrets claims on a…more
| Civil Procedure, Commercial Law & Contracts, Intellectual Property

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
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Securities Law

A "Proper" Party Isn't Necessarily A "Necessary" Party

What is the difference between a "proper" party and a "necessary" party"? Judge McGuire spelled out the difference early this week in Cape Hatteras Electric Membership Corp. v. Stevenson, 2014 NCBC 62…more
| Civil Procedure, Commercial Law & Contracts

Don't Try To Get A Retired Business Court Judge's Orders Changed Or Overruled By A Successor Business Court Judge

When there is a change in the Business Court Judge handling your case, there is probably a natural reaction to try to get the new Judge to revisit rulings by the previous Judge which were unfavorable to your client. That effort…more
| Civil Procedure

Caution: Aggressive Interpretation of Broker-Dealer Registration Provisions Could Be Hazardous to Your Ability to Stay out of Prison

Let’s do some compare and contrast, starting with a fairly unremarkable case the SEC filed in the Northern District of Texas on November 20th. In that action, the Commission sued the father-son duo of Paul and Jeffrey Downey in…more
| Commercial Law & Contracts, Criminal Law, Finance & Banking, Business Torts, Securities Law

Pulling Mark Filip from UVA Rape Investigation Makes “Independence” a Silly Talisman

I really don’t mean to be a mouthpiece for Kirkland & Ellis white collar lawyers. But they’ve been in the news in recent days, this time in connection with this horrific story about widespread sexual assaults at the University…more
| Criminal Law, Education

Michael Garcia Now Just Taunting FIFA

And I say that in the most complimentary way. If you haven’t been following this story, here’s a quick recap: FIFA awarded the 2018 and 2022 World Cups to Russia and Qatar, respectively. This raised eyebrows, as they say. …more
| Art, Entertainment, & Sports Law, Commercial Law & Contracts, Criminal Law, International Law & Trade

The NC Business Court Rules On Recovering Attorneys' Fees In A Derivative Action Against An LLC

In this week's opinion in Ekren v. K&E Real Estate Investments, 2014 NCBC 56, Judge Bledsoe outlined how a derivative action plaintiff can recover attorneys' fees…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Finance & Banking

Proposed “Fair Fund” for CR Intrinsic Case Stirs Dustup among SEC’s Commissioners

In the right kind of enforcement action, the SEC can take the money it’s generated and set up what’s called a Fair Fund to redistribute that money to harmed investors. But what is the right kind of case? This procedure was…more
| Commercial Law & Contracts, Finance & Banking, Business Torts, Securities Law

Accountant’s Fiduciary Duty as Independent Auditor

In North Carolina, an accounting firm now owes a fiduciary duty to its audit client, both as a matter of law and as a matter of fact. On November 4, 2014, a North Carolina appellate court held — for the first time — that…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Business Torts, Professional Malpractice

SEC and FINRA Issue Risk Alert on Penny Stock Companies

I’m not your legal advisor. And I’m definitely not your investment adviser. But the first rule of penny stock companies should be: do not invest in penny stock companies. I mean, does that seem like a smart thing to do?…more
| Commercial Law & Contracts, Finance & Banking, Consumer Protection, Securities Law

Eighty Five Thousand Reasons Not To Represent An LLC Without The Approval Of A Majority Of The Members (and one Other Thing)

Be sure that an LLC member has the authority to hire you before accepting the representation of the LLC in a suit by or against another LLC member. That authorization generally requires a majority of the interest of the…more
| Business Organizations, Civil Procedure, Civil Remedies

An Important Message From The Business Court On The Proper Filing Of A Notice Of Designation

Thursday, the Business Court entered an important Order, titled "Order Regarding Notice of Designation and Assignment," in Southern Fastening Systems, Inc. v. Grabber Construction Products, Inc., 2014 NCBC 55…more
| Civil Procedure

SIFMA Issues Cybersecurity Regulatory Principles

Does everyone feel compelled to comment on cybersecurity issues? It seems that way. And on October 20th the Securities Industry and Financial Markets Association jumped deeper into the fray when it issued its Principles for…more
| Commercial Law & Contracts, Finance & Banking, Science, Computers, & Technology, Securities Law

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
| Civil Procedure, Environmental Law, Personal Injury, Real Estate - Residential, Real Estate - Commercial
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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

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