Brooks Pierce

NC Court Of Appeals, Not Sure That It Had Jurisdiction, Dismisses Appeal From Business Court Decision

How does your appeal get dismissed when you've appealed to the "right", "appropriate", or "correct" court? In other words, your appeal was to the Court with jurisdiction over your appeal. It happened in the NC Court of Appeals…more
| Civil Procedure, Commercial Law & Contracts

What Businesses Should Know About the 2016 North Carolina Legislative Session

The North Carolina General Assembly has completed its 2016 "short" session. A number of bills considered by Legislators will impact businesses of all types. Here are some highlights from this year's session…more
| Civil Rights, Education, Elections & Politics, Taxation, Transportation

North Carolina Legislative Update - July 2016

It is a busy week at the General Assembly as legislators are pushing through the final days of the 2016 short session. The legislature is expected to adjourn for the year either late today, July 5, or tomorrow, July 6. The…more
| Education, Elections & Politics, Real Estate - Residential, Taxation, Transportation

UAS in the USA: An Overview of the FAA's New Drone Rules

On June 21, 2016, the FAA announced its new rules to govern non-hobbyist small UAS (“sUAS” or “drones”) operations. Gluttons for punishment can read the entire 624-page FAA document here; others can read a summary of the…more
| Commercial Law & Contracts, Personal Injury, Science, Computers, & Technology, Transportation

Fourth Circuit Says Embezzlement Is Not Theft under the Immigration and Nationality Act

Is embezzlement theft? Some people think it is. Even common sense suggests it. But the U.S. Court of Appeals for the Fourth Circuit can’t live in the world of common sense. It lives in a world of statutes that have words,…more
| Civil Procedure, Criminal Law, Immigration Law

North Carolina Legislative Update

Budget negotiations continued behind closed doors this week, with Speaker Tim Moore and the President Pro Tempore of the Senate, Senator Phil Berger, working to resolve the final differences between the two chambers’ spending…more
| Criminal Law, Elections & Politics, Energy & Utilities, Environmental Law, Taxation

NC Attorney General Reaches $9 Milllion Settlement With "American Indian Business" Western Sky Over Usurious Loans

You will remember the North Carolina Attorney General's lawsuit against Western Sky Fin'l, LLC. It generated an opinion from the Business Court last year in which Judge McGuire enjoined the Defendants from making further high…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Consumer Protection, Finance & Banking

Legislative Update

With negotiations on the budget bill (HB 1030) still continuing outside the public view, this week the General Assembly focused on other issues. Tax Proposals; Services Tax Clarifications and New Market Jobs Act - …more
| Criminal Law, Education, Elections & Politics, Finance & Banking, Taxation

Supreme Court Says Prosecutors Can’t Judge the Cases They Prosecute

Not all of the justices would put it that way. To be fair to the dissenters, and because his version is shorter, we’ll use Justice Thomas’s description of the underlying facts from his dissent in Williams v. Pennsylvania, 579…more
| Constitutional Law, Criminal Law

Legislative Update

With negotiations on the budget bill (H1030) continuing outside the public view, this week the General Assembly focused on other issues. Body Cameras (H972) - The House Judiciary II Committee approved a plan to make…more
| Agriculture, Elections & Politics, Energy & Utilities, Environmental Law

Don’t even think about violating that penny stock bar.

The penny stock world can be rough. So rough that breaking the rules in that corner of the securities markets ban bring its own kind of injunction, one that’s much more specific than the typical don’t-break-the-law-anymore kind…more
| Finance & Banking, Securities Law

Legislative Update

Senate Passes Budget Bill (HB1030) - The State Senate passed its version of the 2016-17 spending plan this week, setting the stage for a conference committee to work out the differences between the two chambers’ proposed…more
| Education, Elections & Politics, Environmental Law, Health, Taxation

Fourth Circuit Says Law Enforcement Doesn’t Need a Warrant to Figure out Where You Are

Like many people, Aaron Graham and Eric Jordan carried cell phones around in 2011. Unlike most people, Graham and Jordan were convicted of crimes arising from their participation in a series of armed robberies in that period,…more
| Communications & Media Law, Constitutional Law, Criminal Law, Privacy, Science, Computers, & Technology

Pitfalls in Managing Online Reputations

Whether you represent sports stars and high-profile entertainers, or hometown doctors, architects, and restaurateurs, you have almost certainly gotten calls in the past several years asking for your help in dealing with…more
| Civil Procedure, Communications & Media Law, Constitutional Law

The Insider Trading Cartoon Series, Vol. IX -- Tender Offers [Video]

I want to talk about Rule 14e-3, because it has significant implications for insider trading liability. But to do that, we first have to talk about tender offers, and what they are…more
| Criminal Law, Finance & Banking, Securities Law
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2000 Renaissance Plaza
230 North Elm Street
Greensboro, NC 27401, United States

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