Commercial Litigation

Some matters are “bet-the-company” cases and others are less disruptive, but we focus on efficiency and informed judgment to help solve commercial disputes. We’ve developed tools and resources that give us a cost-effective edge, including training team members dedicated to electronic discovery and document review. 

Commercial litigation can arise anywhere, from federal and state courts in the U.S., to courts abroad, to arbitrations and administrative proceedings that cross borders. We are experienced and comfortable wherever the dispute arises, partnering seamlessly with co-counsel when that is the prudent strategy.  

We develop a creative approach to individual problems, focusing on the key legal and factual issues, and managing the various aspects of these often complex cases. We are zealous advocates prepared to go to trial when needed, keeping in mind our goal to achieve the maximum result at reasonable expense. We seek to understand the motivations and strategy of the other parties—to persuade them directly or to sway the trier of fact. 

Although disputes may involve business-to-business transactions, customer and consumer claims, or disputes among business partners, we have the skills and judgment to minimize risk and advance our client’s goals in a wide array of commercial disputes.

Representative Work

• In re Inspire Pharmaceuticals, Inc Securities Litigation, (M.D.N.C. 1:06-cv-00201). Co-counsel for the underwriters group in successful defense of 1933 and 1934 Act claims arising from the sale of a securities by start-up pharma company after the failure of the trials for its key drug
• In re Swisher Hygiene, Inc. Securities & Derivative Litigation, W.D.N.C., 3:12-md-2384 & 3:14-cv-2387 (See, 2015 U.S. Dist. LEXIS 88697).  Represented Swisher Hygiene defending securities fraud class actions after company’s withdrawal of financial statements and disclosure recent statements could not be relied upon. After partial success on motion to dismiss the case was settled
• Raul v. Burke, 2016 NCBC LEXIS 8 (January 28, 2016). Successfully defended Swisher Hygiene against state law governance claims brought challenging the sale of the company’s assets
• Lentine v. FairPoint Communications, Inc., 3:17-cv 00051 (W.D.N.C. February 2017). Secured dismissal of securities fraud claims against client arising from the sale of the company
• Sherman v. The Fresh Market, Inc., (M.D.N.C. 1:17-CV-00179). As lead counsel for The Fresh Market, Inc. and nine of its directors successfully defended securities-fraud class action arising from $1.36 billion go-private acquisition with Apollo Global Management. Plaintiff alleged that an insider colluded with Apollo to depress the sales price and that the defendants failed to disclose that scheme in in violation of Sections 14(d)(4), 14(e), and 20(a) of the Exchange Act
• Contant v. Bank of America, et al. Case No. 1:17-cv-03139 (S.D.N.Y.); Allianz Global Investors GMBH, et al. v. Bank of America Corporation, et al., Case No. 1:18:cv-10364 (S.D.N.Y.); In Re Foreign Exchange Benchmark Antitrust Litigation, Case No. 1:13-cv-07789 (S.D.N.Y.). We are lead defense counsel for Royal Bank of Canada in the forex antitrust class and mass actions pending in the U.S. District Court for the S.D.N.Y.
• In re Pike Corp. Shareholder Lit., 2015 NCBC LEXIS 94 (2015). Represented company and its board in consolidated shareholder class action lawsuits alleging securities fraud in a go-private transaction.  Following successful motions practice obtained favorable settlement of all claims
• Corwin V. British American Tobacco PLC, 251 N.C. App. 45 (2016). Successfully defended the special committee of the board of directors against state law claims of breach of fiduciary duty in connection with BAT’s purchase of the majority stake in Reynolds Tobacco that it did not own, which were based in part on allegations BAT controlled Reynolds Tobacco and influenced its transaction decisioning
• Beam, et al. v. Sunset Financial Services, Inc., et al., FINRA Case No. 17-01340 (Sept. 26, 2018 Award). Achieved dismissal of all claims asserted against national broker-dealer client in FINRA arbitration concerning purchase of millions of dollars of alternative investments
• Whittington, et al. v. Morgan Stanley Smith Barney, et al., 2012-CV-01206 (N.C. Super. Ct.). Secured summary judgment in favor of our broker-dealer client in collective action stemming from one hundred million dollar check-kiting and Ponzi scheme and alleging failure to monitor, AML violations, and violations of the Bank Secrecy Act
• Martin v. Banc of America Securities FINRA No. 08-00319; Martin v. Bank of America Corp., Case No. 2009-SOX-00002 (U.S. Dept. Labor).  Won a FINRA arbitration and Department of Labor proceeding defending a client against multi-million dollar Sarbanes-Oxley and state law claims brought by a terminated trading employee who alleged he was terminated for whistle-blowing
• First Charter Bank, Trustee of Last Will and Testament of Joseph F. Cannon v. American Children's Home, 692 S. E. 2nd 457 N.C. App., (2010).  Successfully represented trustee in proceeding to determine final disposition of trust assets at expiration of the 99-year term of a charitable trust and to modify trustee compensation provision
• C. Department of Revenue v. Kimberley Rice Kaestner 1992 Family Trust, 139 S.Ct. 22134 (June 21, 2019). Representing an out of state trust we successfully challenged the constitutionality of a state tax statute taxing the trust based upon a beneficiary’s residence in the state, prevailing before the U.S. Supreme Court
• Wedderburn Corporation v. Jetcraft Corporation, et al., 2015 NCBC 101; 2015 NCBC LEXIS 105 (N.C. Bus. Court 2015). Obtained dismissal of nearly all claims regarding the plaintiff's allegations of breach of contract in the client's sale of $16 million aircraft to the plaintiff
• Paul E. Enochs v. Blue Cross and Blue Shield of North Carolina, 17-CVS-3491 (NC Superior Court, Durham County, July 25, 2017). Obtained preliminary injunction restraining a health insurance company from removing a physician from network in contravention of network participation agreement

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