Brooks Pierce

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

  • (336) 373-8850
  • (336) 378-1001

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

Big Announcement, Small UAS: FAA Launches Commercial Drone Proceeding

Unless you have been completely disconnected from all media, you are probably already aware that on Sunday, February 15, 2015, the FAA announced the release of its long-awaited rules to govern commercial sUAS (small unmanned…more
| Privacy, Transportation

The Business Court Rules Again On Claims Under The North Carolina Securities Act

Last week's decision in Atkinson v. Lackey, 2015 NCBC 13 doesn't tell you everything you wanted to know about the North Carolina Securities Act (the "NCSA"), but it comes pretty close. The lawsuit was brought by three…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Business Torts, Securities Law

An Answer To A Million Dollar Question About Designating Cases To The NC Business Court

This past Friday, I went to a seminar put on by the Antitrust and Complex Business Disputes Law Section of the North Carolina Bar Association in an almost successful effort to finish getting my required CLE hours for 2014. This…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts

Supreme Court Justices Box The Fourth Circuit's Ears

Two Justices of the U.S. Supreme Court took the Fourth Circuit to task for not publishing a significant opinion. The ear-boxing came last month in the form of a denial of a Petition for Certiorari from which Justice Thomas and…more
| Civil Procedure, Criminal Law

S.D.N.Y. Vacates Insider Trading Guilty Pleas, Shows How It’s Done

As you probably know if you’re reading this, in December the Second Circuit upended insider trading law for “tipping” cases by (1) giving some structure to the definition of the personal benefit that must come to the original…more
| Commercial Law & Contracts, Criminal Law, Finance & Banking, Securities Law

Is It Worth It For Plaintiffs' Counsel To Gamble On Merger Class Actions in North Carolina?

I hadn't written anything yet about the multiple shareholder actions challenging the merger of PokerTek -- a developer and distributor of electronic table (gambling) games -- with Multimedia Games -- another developer and…more
| Art, Entertainment, & Sports Law, Civil Procedure, Mergers & Acquisitions, Business Torts, Securities Law

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
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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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