Brooks Pierce

SEC Says the Cyber Police Are Coming

Pretty soon we’ll all be data privacy lawyers. The SEC is certainly doing its part to ensure that comes to pass. Earlier this year the SEC’s Office of Compliance, Inspections, and Examinations announced that its 2014…more

| Privacy, Science, Computers, & Technology, Securities Law

Give Me That Old-Time Insider Trading

Recently I had a question that required me to review Don Langevoort’s comprehensive insider trading treatise. It got me thinking about the roots of insider trading law. Specifically, the pre-SEC, pre-10b-5 insider trading…more

| Civil Procedure, Business Torts, Securities Law

Business Court Makes North Carolina Safe For Construction Lawyers

Construction lawyers in North Carolina can breathe a sigh of relief. On Friday of last week, the Business Court ruled that the service of on-line service provider Lienguard in preparing claims of lien constitutes the…more

| Civil Procedure, Commercial Law & Contracts, Constitutional Law,...

Real Estate Agents Need To Be Careful About Disclosing Dual Agency

Dual agency is a big deal to real estate agents. It lets them represent both a buyer and a seller in a transaction. Dual agency was the focal point of the Business Court's opinion last week in BDM Investments v. Lenhil, Inc.,…more

| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Business...

NC Business Court Puts Teeth In Protective Order

I've never thought much about the consequences of the violation of a Protective Order. In fact, before last week's Business Court ruling in Out of the Box Developers, LLC v. Logicbit Corp., 2014 NCBC 7, no North Carolina case…more

| Civil Procedure, Civil Remedies

NC Court Of Appeals: Foreclosures and Immutability

Can a law passed by a Legislature be called "immutable?" (that means it's ageless, not ever subject to change). The Court of Appeals used that word this week in Heaton-Sides v. State Employees Credit Union to describe a…more

| Civil Procedure, Commercial Law & Contracts, Real Estate - Residential

Two Thoughts about Dewey LeBoeuf and Parallel Proceedings

You’ve probably read about the Manhattan district attorney’s office’s indictment of executives at former Big Law giant Dewey LeBoeuf. According to the WSJ Law Blog, the crux is this: “[F]ormer Dewey Chairman Steven…more

| Criminal Law, Securities Law

Collecting On Judgments Against A Member's LLC Interest

A lawyer has limited remedies to collect on a judgment from a defendant who is unwilling to pay. If the defendant holds stock in a corporation, you can execute on the shares, take possession of them, and sell them. N.C. Gen…more

| Business Organizations, Civil Remedies

The SEC Will Take “Your” Money, Thanks

So let’s say you work for a hedge fund or some other financial institution that engages in proprietary trading , and you’re inclined to do some insider trading on your employer’s behalf. You make your trades, but you’re a…more

| Finance & Banking, Securities Law

The "Bright Star" Fades: The NC Business Court On Letters Of Credit

I've resolved this year to blog about every numbered decision of the Business Court, as opposed to past years, where my lack of enthusiasm about the more boring decisions has left me writing about less than 100% of the Court's…more

| Civil Procedure, Energy & Utilities, Finance & Banking, Business Torts,...

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