Brooks Pierce

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2000 Renaissance Plaza
230 North Elm Street
Greensboro, NC 27401, United States
Phone: (336) 373-8850
Fax: (336) 378-1001
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

"Holding All The Cards" And Fiduciary Duty Claims

It is hard to base your case on a breach of fiduciary duty when there is a contract in place between the parties. Contracting parties owe no special duties to each other beyond the terms of the contract…more
 /  Business Torts, Civil Procedure, Commercial Law & Contracts

A Case Doesn't Have To Be "Complex" To Be Designated To The NC Business Court

The North Carolina Business Court sent a message to all lawyers practicing in the Business Court last week in Barclift v. Martin, 2018 NCBC 5. Judge Gale said in the ruling that: The Court is publishing this Order & Opinion…more
 /  Business Torts, Civil Procedure

You Don't Want Your Confidentiality Agreement Evaluated Like A Non-Compete Agreement

You probably think that you can avoid having a confidentiality agreement struck down by an NC court because it doesn't have to meet the stricter standard applied to non-compete agreements. The NC Business Court's Opinion this…more
 /  Business Torts, Commercial Law & Contracts

NC Business Court Approves Another Disclosure Only Class Action Settlement

Judge Gale's approval last week of a class action settlement, in In re Krispy Kreme Doughnuts, Inc. Shareholder Litigation, 2018 NCBC 1 gives me another opportunity to rail against disclosure only settlements. You know that I…more
 /  Business Organizations, Business Torts, Civil Procedure, Civil Remedies

Second Circuit Affirms “Fractional Licensing” Decision

The Second Circuit Court of Appeals ruled this week that the ASCAP and BMI antitrust consent decrees do not prohibit “fractional licensing” of songs. Fractional licensing means that if there are non-ASCAP or non-BMI songwriters…more
 /  Antitrust & Trade Regulation, Art, Entertainment, & Sports Law, International Law & Trade

NC Business Court On Conversion Of Electronic Data

The Defendant in SQL Sentry, LLC v. ApexSQL, LLC, 2017 NCBC 105 was alleged to have copied the Plaintiff's software program which was designed to make "resource intensive T-SQL queries. . . in the Microsoft enterprise database…more
 /  Business Torts, Civil Procedure, Intellectual Property

NC Business Court Stretches NCRCP 14 to Allow New Third Party Defendants To Be Added Years After The Commencement Of Litigation

The North Carolina Rules of Civil Procedure are fairly identical to the Federal Rules of Civil Procedure. In fact, I am hard pressed to think of any substantial differences…more
 /  Business Organizations, Business Torts, Civil Procedure

North Carolina Legislative Update - October, 2017 #2

North Carolina Legislators finished up what is expected to be the last in a series of 2017 "special sessions" this week. The General Assembly overrode Governor Cooper's veto of S656, a bill that will cancel North Carolina's…more
 /  Elections & Politics

“Haters Gonna Hate, Hate . . . .”  Can Taylor Swift “Shake it Off”?

On September 18, 2017, songwriters Sean Hall and Nathan Butler filed a lawsuit against Taylor Swift in the United States District Court for the Central District of California. Hall and Butler are the co-authors of the 2000…more
 /  Art, Entertainment, & Sports Law, Intellectual Property

NC Business Court Rules On What Constitutes An "Arbitration"

You've probably never had to decide what it means to agree to arbitrate. Usually, there is a written provision that references the AAA Rules and includes a consent to AAA's procedures as to the appointment of the arbitrator(s)…more
 /  Alternative Dispute Resolution (ADR), Business Organizations, Business Torts, Mergers & Acquisitions, Securities Law

North Carolina Legislative Update - October, 2017

North Carolina Legislators finished up another 2017 "special session" this week. Over the next few months, members will be in Raleigh on occasion for oversight committee meetings and will return again in January 2018 for another…more
 /  Elections & Politics

Mark Ronson Sued For Infringing 80’s Funk “Masterpiece”

On September 12, 2017, the publisher of the legendary song “More Bounce to the Ounce” filed a copyright infringement lawsuit against music producer Mark Ronson. The suit alleges that Ronson’s hit song “Uptown Funk,” which has…more
 /  Art, Entertainment, & Sports Law, Business Torts, Intellectual Property

Demand Futility Isn't Dead For Derivative Actions Against Non-Profit Corporations

You probably thought that you would never again have to argue that a demand on a corporation's board of directors before filing a derivative action should be excused because it would have been futile. That's because the…more
 /  Business Organizations, Civil Procedure, Nonprofit Law, Securities Law

North Carolina Legislative Update - September, 2017

The legislators finished up a second short session this week, adjourning until October 4th. Redistricting - The General Assembly approved new House and Senate district maps Wednesday just ahead of the court-ordered…more
 /  Elections & Politics, Environmental Law

Former Band Member Sues The Roots

Frank “Knuckles” Walker, a musician and percussionist best known as a former member of the band The Roots, recently filed a lawsuit against his former band members and others. A copy of the complaint is available here…more
 /  Art, Entertainment, & Sports Law, Civil Procedure, Commercial Law & Contracts, Intellectual Property
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