Brooks Pierce

A Couple Of Things Not To Do In The NC Business Court

The NC Business Court's decision last month in Krawiec v. Manly, 2016 NCBC 7, illustrates a couple of things not to do in the Court. Don't Make "Aiding and Abetting" Claims - The Plaintiff made a claim against some of…more
| Business Torts, Civil Procedure, Civil Remedies, Commercial Law & Contracts, Intellectual Property

Arbitration Provision Which Completely Prohibited Any Discovery Enforced By NC Business court.

I don't draft arbitration provisions in agreements, but if I did I would not draft one like the one in Taggart v. Physicians Pharmacy Alliance, Inc. Not because it turned out to be unenforceable, but because it was found to be…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Securities Law

NC Business Court Revokes Pro Hac Vice Admission Of Out Of State Lawyer

Judge McGuire came down pretty hard on a Florida attorney admitted pro hac vice (meaning "for this one particular occasion") by another Superior Court Judge, in McCarthy v. Hampton, 2016NCBC 4. He revoked the lawyer's admission…more
| Civil Procedure, Commercial Law & Contracts, Professional Malpractice

Should An Arbitrator Or A Judge Be The One To Decide Whether An Arbitration Is Barred By Res Judicata

There are all sorts of questions when court proceedings run alongside an arbitration dispute. Who decides issues that cut across both? Judge? Arbitrator?…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

Sometimes It Might Not Be Worth It To Appeal The Denial Of A Preliminary Injunction

I don't think that it was worth it for TSG to appeal Judge Murphy's Order denying its Motion for a Preliminary Injunction on a covenant not to compete. That's true even though an injunction (though not on the covenant) was…more
| Business Torts, Civil Procedure, Commercial Law & Contracts, Intellectual Property, Labor & Employment Law

Martin Shkreli, Criminal Forfeiture, and the Wu-Tang Clan

The S&P Schadenfreude Index hit an all-time high yesterday when Martin Shkreli was arrested and indicted for securities fraud related to a hedge fund he used to run. The SEC sued him, too. Here’s how the Justice Department…more
| Art, Entertainment, & Sports Law, Criminal Law, Intellectual Property, Securities Law

Problems To Avoid When Making A Meiselman Claim And/Or Filing A Derivative Action

The Business Court's Opinion last week in Coleman v. Coleman, 2015 NCBC 110, provides useful guidance on how to properly plead a Meiselman claim, and proper procedure to follow before making a derivative claim. Plaintiff in…more
| Business Organizations, Civil Procedure, Securities Law

A Couple Of Points About Receiverships

There's a lot to wonder about receiverships. Like, how is the Receiver's compensation calculated? And does it make a difference to compensation if a corporate shareholder says the receivership was unnecessary, and that it was…more
| Bankruptcy, Civil Procedure, Finance & Banking, Real Estate - Commercial, Real Estate - Residential

The Insider Trading Cartoon Series, Vol. IV — Rank-and-File Employees [Video]

Having covered corporate officers and temporary insiders, we now turn briefly to regular employees, still under the classical theory of insider trading liability…more
| Business Organizations, Labor & Employment Law, Securities Law

Plaintiff Gets A Rare Win On A Motion For Reconsideration In The NC Business Court

It's pretty hard to succeed at getting a Business Court Judge to reconsider a prior ruling and reverse himself. But the Plaintiff in RREF BB Acquisitions, LLC v. MAS Properties, LLC, 2015 NCBC 105, accomplished exactly that…more
| Business Torts, Civil Procedure, Civil Remedies, Finance & Banking

The Insider Trading Cartoon Series, Vol. III — Very Temporary Insiders [Video]

In the last episode of the Insider Trading Cartoon Series, we discussed temporary insiders and their potential liability for insider trading. But what about those with more tenuous connections to the companies at issue? That’s…more
| Business Organizations, International Law & Trade, Professional Malpractice, Securities Law

The Insider Trading Cartoon Series, Vol. II — Temporary Insiders [Video]

In Volume II of our new series, we look at temporary insiders — who they are and how they can become liable for insider trading…more
| Business Organizations, Professional Malpractice, Securities Law

What Are Your Options When You Think That Your Arbitrator Has Gone Out Of Control?

You don't have many options when you think that the arbitrator who you agreed to hear your case has delivered a plainly wrong arbitration award. In fact, you probably have none at all. The Defendants in the NC Business…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Finance & Banking

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
| Communications & Media Law, Privacy, Science, Computers, & Technology

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
| Communications & Media Law, Privacy
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2000 Renaissance Plaza 230 North Elm Street
Greensboro, NC 27401, United States

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