Brooks Pierce

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

  • (336) 373-8850
  • (336) 378-1001

The SEC Totally Cares about Its Injunctions

Last week I wrote a post discussing the injunctions the SEC typically obtains against defendants in federal court. I noted the oddity of these obey-the-law injunctions and wondered aloud why the Commission never pursues…more
| Administrative Law, Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Securities Law

A Couple Of Things To Know Before Bringing A Piercing The Corporate Veil Claim

You might remember the case of  Cold Springs Ventures, LLC v. Gilead Sciences, Inc..  Last year, Judge Jolly stayed an arbitration proceeding pending a ruling on a piercing the corporate veil claim.  If you are a reader of this…more
| Alternative Dispute Resolution (ADR), Business Organizations, Civil Procedure, Commercial Law & Contracts

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
| Administrative Law, Civil Remedies, Constitutional Law, Criminal Law

The SEC Does Not Care about Its Injunctions

It won’t surprise you to learn that the U.S. Code includes this provision: “A court of the United States shall have power to punish by fine or imprisonment, or both, at its discretion, such contempt of its authority . . . as . …more
| Administrative Law, Civil Procedure, Civil Remedies, Commercial Law & Contracts, Securities Law

Reading Before Signing Is Advisable

It's pretty basic that your clients should read the agreements that they sign before they sign them. Or you should at least explain to your client the key provisions in what they are going to sign, if they are not going to read…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts

Justice Department Files First FCPA Case of 2015, Reminds Lawyers to Watch Out

Last week, the Justice Department filed the first FCPA case of 2015 when it indicted Dmitrij Harder, the former owner and president the Chestnut Consulting Group in Huntingdon Valley, Pa…more
| Commercial Law & Contracts, Criminal Law, International Law & Trade

Does SEC Enforcement Treat Bigger Companies Differently?

I’m stealing the title of this post from Broc Romanek, who asked this question on January 2nd. He was responding to a study authored by Jonas Heese, an assistant professor at Harvard Business School who has authored a study…more
| Administrative Law, Commercial Law & Contracts, Securities Law

Do You Have To Be The Owner Of A Trade Secret To Sue For Misappropriation?

Can an exclusive licensee of a trade secret sue for its misappropriation? Maybe, even though North Carolina's version of the Uniform Trade Secrets Protection Act reserves the right to sue to an "owner." N.C. Gen. Stat…more
| Civil Procedure, Commercial Law & Contracts, Constitutional Law, Intellectual Property

Three More Thoughts about United States v. Newman

In the wake of the Second Circuit’s huge remote tippee insider trading decision from two weeks ago in United States v. Newman, three more things occur to me. To recap, the court held that to be liable for insider trading in a…more
| Commercial Law & Contracts, Criminal Law, Finance & Banking, Securities Law

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
Showing 1-15 of 303 Results
|
View per page
Page: of 21
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

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.