Digital Media and Data Privacy Law Blog

The U.S. Supreme Court case of Branzburg v. Hayes offers reporters limited constitutional protection from subpoenas compelling the disclosure of confidential sources or other source material.  The limitations of Branzburg and the lack of a federal shield law to complement state statutes first came into public consciousness in 2004 with the well-publicized Valerie Plame case. The effort to compel testimony from various Washington reporters about their contacts with White House officials was just one in what some perceived as a marked increase in the number of subpoenas served on ... Read More 

Although North Carolina does not recognize certain invasion of privacy claims recognized in some states, its courts have adopted the claim of invasion of privacy by intrusion. Unlawful intrusion is:

an intentional physical or sensory interference with, or prying into, a person’s solitude or seclusion or his private affairs, where the intrusion is highly offensive or objectionable to a reasonable person.

Examples of conduct that North Carolina courts have found constituted unlawful intrusion include physically invading a person’s home or private place, eavesdropping by ... Read More 

Our Digital Media and Data Privacy Law Blog was borne out of the firm’s Newsroom Law Blog. Given the number of new interactive platforms—and with social media steadily becoming a primary source for both of content and marketing information—content curation and delivery is expanding in ways few imagined. Our practice is expanding with it. This blog will discuss issues that affect all businesses (from large media organizations to small retailers) who use digital media—from intellectual property to data security to online content and marketing. Read More 

Jurisdiction is one of many issues that has become increasingly complicated in a world of web-based communications. Courts across the country have wrestled with the question of where a person who posts content on the Internet about another may be sued. Some litigants have argued that since the Internet may be accessed anywhere in the world, a person who places content on the Internet does so at the peril of being sued anywhere. Such approach would risk chilling Internet speech as bloggers and blog hosts may find themselves sued in far-flung locales, as potential plaintiffs troll the ... Read More 

We are pleased to launch Brooks Pierce’s Newsroom Law Blog, a blog focused on legal issues facing broadcast and print newsrooms. We look forward to providing regular content as a resource to journalists and editors working in newsrooms, as well as to legal professionals who advise media clients and academics who teach and study media issues.  The content we provide will range across the wide spectrum of legal issues that arise in the newsroom, from subpoenas to search warrants, from libel to invasion of privacy to trespass, from courtroom access to access to public records, from ... Read More 

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P is a full-service business law firm providing comprehensive strategic counsel and innovative solutions to our clients. Our lawyers have expertise in all facets of business law. Since our firm's inception in 1897, we have grown to over seventy-five lawyers and serve clients from offices in Raleigh and Greensboro, North Carolina. Our services extend to all areas of a business law practice, from mergers and acquisitions to complex business litigation. We have a non-departmental approach, one that is atypical of today's larger law ... Read More