C. Bailey King Jr.

Partner
Legal Assistant
Karrie Kelley
P: 704.338.6014 kkelley@bradley.com
Representative Experience
  • Trial Experience
    • Obtained $12.1 million total settlement on eve of trial in wrongful death action on behalf of the family of Jeffrey Williams, an 11-year-old boy who died of carbon monoxide poisoning in a Best Western hotel. Estate of Jeffrey Lee Williams v. Best Western Int’l and Jeannie Williams v. Best Western Int’l (N.C. Super., Judge Forest D. Bridges) (2015-2018)

      Obtained defense verdict in trade secret misappropriation trial in North Carolina Business Court in lawsuit brought by utility safety equipment company against competing company that hired two of competitor’s salespeople. Safety Test & Equipment Company, Inc. v. American Safety Utility Corporation (N.C. Bus. Ct., Judge James L. Gale) (2013-2017)

      Defended software developer against claims of trade secret misappropriation and copyright infringement relating to source code for electronic health records program brought by former employer at two-week preliminary injunction hearing, resulting in favorable settlement. Confidential matter; case filed under seal (W.D.N.C., Judge Graham C. Mullen) (2017)

      Defended business owner at trial and on appeal to the Fourth Circuit against claims for breach of a guaranty agreement for a commercial lease, resulting in verdict of past due rent only and no liability for future rent after business owner vacated the premises. BV Retail, LLC v. Donnelly (M.D.N.C., Mag. Judge David S. Cayer, and 4th Circuit) (2013)

      Obtained $10.4 million jury verdict on behalf of City of St. Petersburg against bank in lawsuit arising out of investment losses suffered in Lehman Brothers purchased shortly before the 2008 financial crisis for a securities lending portfolio, and handled appeal of the jury verdict in the 11th Circuit Court of Appeals. City of St. Petersburg, Florida v. Wells Fargo Bank, N.A. (M.D. Fla. and 11th Circuit) (2011- 2013)

      Obtained defense verdict in jury trial as solo trial counsel on behalf of motorcycle manufacturer in lawsuit brought by purchaser of motorcycle alleging claims for breach of warranty under the North Carolina Lemon Law, the Magnuson-Moss Warranty Act, and unfair and deceptive trade practices. Elliott v. Yamaha Motor Corp. (N.C. Super.) (2010)

      Obtained directed verdict on behalf of a secured lender at trial for breach of warranty of title and unfair and deceptive trade practices arising out of the lender’s repossession of a manufactured home and represented lender on appeal resulting in directed verdict being upheld. Henson v. Green Tree Servicing, LLC (N.C. Superior Court) (2007-2008)

  • Complex Business Litigation
    • Secured dismissal of claims against group purchasing organization in the restaurant industry for unfair competition and tortious interference brought by competing GPO. Ben E. Keith, Co., LLC v. Dining Alliance, LLC v. Foodbuy, LLC (N.D. Tex.) (2021-2022)

      Negotiated favorable resolution in billing dispute over allocation of risk for fees paid to computer hacker who infiltrated service provider’s computer service. Adult Life Programs, Inc. v. Partners Health Management, LME/PIHP (N.C. Super. 2021)

      Currently prosecuting claims for trade secret misappropriation, copyright infringement, computer fraud and abuse act, and other claims while defending monopolization antitrust counterclaims on behalf of medical imaging system manufacturer independent service provider and former employees. Philips Medical Systems Nederland B.V., et al. v. TEC Holdings, Inc., et al. (W.D.N.C., Judge Max O. Cogburn, Jr.) (2021-present)

      Negotiated favorable pre-suit resolution on behalf of national insurance company in dispute with coinsurer regarding overpayments of annuity benefits for deceased annuitant. (2020-2021)

      Represented national life insurance company in declaratory judgment action in Connecticut Business Court defending insurer’s decision not to pay death benefit based on suicide exclusion against claim by beneficiaries that cause of death was murder. Lincoln National Life Ins. Co. v. McGonagle (Conn. Bus. Ct.) (2021-2022)

      Defended hospital system and obtained favorable settlement in qui tamretaliation lawsuit in which a former surgeon alleged he was terminated for whistleblowing at mediation after filing summary judgment motion. Daniel Hayes, M.D. v. Charlotte-Mecklenburg Hospital Authority (W.D.N.C., Judge Graham C. Mullen) (2020-present)

      Currently represent E.I. Du Pont De Nemours and Company and other entities as part of defense group defending claims brought by the State of North Carolina relating to alleged PFAS contamination in North Carolina from works facilities. State of N.C. v. E.I. Du Pont De Nemours and Co., et al (N.C. Bus. Ct., Judge Michael L. Robinson) (2020-present)

      Represented global payments technology company against third-party complaint brought by national restaurant chain challenging enforceability of rules relating to the enforceability of fees assessed in connection with a data breach and seeking damages in excess of $16 million. Banc of America Merchant Services, LLC v. Arby’s Restaurant Group, Inc. v. Visa Inc. and Mastercard International Inc. (N.C. Bus. Ct., Judge Adam M. Conrad) (2020-2021)

      Currently defending agent in syndicated loan transactions against claims brought by individual lenders seeking to compel agent to declare borrowers in default and foreclose upon collateral. Colorado Bankers Life Insurance Company, et al. v. New England Capital, et al. (E.D.N.C., Judge James C. Dever III) (2020-present)

      Defended national snack food manufacturer and marketer in Fair Labor Standards Act (FLSA) class/collective action brought by independent distributors claiming status as employees entitled to minimum wage and overtime pay. Jared Mode v. S-L Distribution Company, LLC, et al. (W.D.N.C., Judge Kenneth D. Bell) (2020-2021)

      Represented interest of national insurance company under coinsurance agreement in litigation over benefits allegedly due under corporate owned life insurance (COLI) polices for which it defended identification. Charles Schwab & Co., Inc., et al. v. Pavonia Life Insurance Company of Michigan, et al. (Cal. Sup. Ct.) (2019-present)

      Currently represent national insurance company on appeal in interpleader action after obtaining summary judgment on counterclaims asserted by claimant arising out of advice allegedly received in connection with requirements to effectuate beneficiary change. Lincoln National Life Insurance Company v. Bauer, et al. (New York State Court) (2020-present)

      Obtained favorable pre-suit settlement in dispute over attempted exercise of expired stock options transferred to spouse of highly compensated executive who was subsequently terminated. (2019-2020)

      Obtained favorable settlement through indemnification demand against claims brought by investment banker seeking commission for services allegedly rendered under Investment Banking Advisory Agreement in connection with stock purchase and merger transaction. LBA Haynes Strand Capital Advisors, LLC v. Catawba Mechanical Services, Inc. (N.C. Sup. Ct.) (2019)

      Represented closely held corporation in dissenting shareholder action brought by minority shareholder who objected to fairness of merger consideration, which was being paid pro rata on a per share basis and sought appraisal remedy in Georgia Business Court. Tomco2 Systems Company f/k/a Tomco2 Equipment Company v. The Bonnie L. Hinely Revocable Trust, et al. (GA Bus. Ct. Div., Judge Randy Rich) (2018-2019)

      Represented ACC in consolidated class action lawsuits against claims that NCAA amateurism rules are anticompetitive restraints that violate the Sherman Antitrust Act. In re: National Collegiate Athletic Association Athletic Grant-In-Aid Cap Antitrust Litig. (N.D. Ca.) (2014-2018)

      Obtained preliminary injunction on behalf of an automotive supplier requiring downstream supplier to provide raw materials in accordance with a requirements contract, resulting in an early resolution. Belt-Tech Products, Inc. v. Dura Fiber Technologies (N.C. Super. Ct.) (2017)

      Obtained anti-suit injunction on behalf of a recycling company preventing a competing lawsuit in Italy arising out of the company’s purchase of a large piece of equipment from an Italian entity from going forward, resulting in favorable settlement. Custom Polymers PET, LLC v. Gamma Meccanica, SPA (D.S.C.) (2015-20­16)

      Defended medical software company against claims by former management team over validity of executive compensation packages. Ehmann v. Medflow, LLC (N.C. Bus. Ct., Judge James L. Gale) (2015-2018)

      Obtained dismissal of all class claims against a national insurance company in action relating to alleged misrepresentations regarding the tax consequences of executive retirement plan governed by Securities Litigation Uniform Standards Act, resulting in favorable summary judgment decision and settlement. Reittinger v. Lincoln National Life Insurance Company (M.D.N.C., Judge Catherine C. Eagles) (2013-2015)

      Defended aluminum fabricator in a lawsuit brought by bus manufacturer arising out of allegedly defective bus doors that were subject to a nationwide recall, which was favorably resolved after asserting third-party indemnification claims against the painter of the bus doors. Daimler Trucks North America v. Hydro Aluminum North America, Inc. v. A&E Powder Coating Ltd. (M.D.N.C., Judge Catherine C. Eagles) (2012-2014)

      Represented tax consulting company in a dispute over fees due for tax savings achieved as result of company’s consulting services. Cost Containment Advisors, Inc. v. Duke Energy, Inc. (AAA Arbitration) (2013-2014)

      Defended business owner at trial and on appeal to the Fourth Circuit against claims for breach of a guaranty agreement for a commercial lease, resulting in verdict of past due rent only and no liability for future rent after business owner vacated the premises. BV Retail, LLC v. Donnelly (M.D.N.C., Mag. Judge David S. Cayer, and 4th Circuit) (2013)

      Obtained summary judgment on behalf of food service provider in dispute with college over the termination of agreement to provide on-campus dining services. Thompson Hospitality, LLC v. The Paine College (S.D. Ga.) (2012-2014)

      Defended auto parts store against claim for aiding and abetting a breach of fiduciary duty brought by auto shop arising out of alleged moonlighting by mechanic. Reliable Auto Care LLC v. AutoZone Stores, Inc. (N.C. Super.) (2012-2013)

      Defended company in lease dispute against claims by property owner demanding payment of property taxes. M&S Properties v. Advance Stores Company, Incorporated (D.S.C.) (2012-2013)

      Obtained favorable settlement at mediation on behalf of national restaurant chain for breach of lease, negligence, and unfair and deceptive trade practices arising out of the chain’s decision to close an Olive Garden location. McManus v. GMRI, Inc. (M.D.N.C., Mag. Judge David C. Keesler) (2011-2012)

      Represented airline in lawsuit against pilot union arising out of a slowdown campaign during collective bargaining negotiations, resulting in a preliminary injunction and favorable settlement agreement. US Airways, Inc. v. US Airline Pilots Association (W.D.N.C., Judge Robert J. Conrad) (2011-2012)

      Obtained defense verdict in jury trial as solo trial counsel on behalf of motorcycle manufacturer in lawsuit brought by purchaser of motorcycle alleging claims for breach of warranty under the North Carolina Lemon Law, the Magnuson-Moss Warranty Act, and unfair and deceptive trade practices. Elliott v. Yamaha Motor Corp. (N.C. Super.) (2010)

      Obtained summary judgment on behalf of furniture manufacturer in dispute with licensor over obligations to market a furniture collection sold under licensor’s name. Lexington Furniture Industries, Inc. v. Bob Timberlake Collection, Inc. (N.C. Bus. Ct.) (2008-2009)

      Obtained summary judgment on behalf of national life insurance company and handled appeal to the Eighth Circuit upholding decision in case alleging that deposit paid in connection with mortgage commitment was illegal penalty rather than valid liquidated damages provision, which was affirmed on appeal. Ladco Properties XVII, LLC v. Jefferson-Pilot Life Insurance Company (S.D. Iowa and 8th Cir.) (2008)

  • Intellectual Property and Competitive Practices Litigation
    • Currently prosecuting claims for trade secret misappropriation, copyright infringement, computer fraud and abuse act, and other claims while defending monopolization antitrust counterclaims on behalf of medical imaging system manufacturer independent service provider and former employees. Philips Medical Systems Nederland B.V., et al. v. TEC Holdings, Inc., et al. (W.D.N.C., Judge Max O. Cogburn, Jr.) (2021-present)

      Represented provider of surface protection solutions to prevent corrosion in critical industrial equipment in patent infringement action against competitor who discussed potential joint venture relating to catalyst screen technology. Integrated Global Services, Inc. v. Cormetech, Inc. (W.D.N.C., Judge Max O. Cogburn, Jr.) (2020-present)

      Represented manufacturer of digital radio distribution systems in patent infringement action against competitor who had been engaged in discussions regarding potential joint venture. Dali Wireless, Inc. v. Corning Optical Communications, LLC (W.D.N.C., Judge Frank D. Whitney) (2019-2020)

      Defended chef and obtained favorable settlement in lawsuit alleging trade secret misappropriation and anticipated violation of covenant not to compete arising out of dispute over ownership of recipes. Real Food Central, LLC v. Jose Luis Alvarez (N.C. Bus. Ct., Judge Adam M. Conrad) (2018-2019)

      Obtained defense verdict in trade secret misappropriation trial in North Carolina Business Court in lawsuit brought by utility safety equipment company against competing company that hired two of competitor’s salespeople. Safety Test & Equipment Company, Inc. v. American Safety Utility Corporation (N.C. Bus. Ct., Judge James L. Gale) (2013-2017)

      Defended software developer against claims of trade secret misappropriation and copyright infringement relating to source code for electronic health records program brought by former employer at two-week preliminary injunction hearing, resulting in favorable settlement. Confidential matter; case filed under seal (W.D.N.C., Judge Graham C. Mullen) (2017)

      Defended developer of coal ash facility against claims of false advertising and unfair competition under Lanham Act arising out of promotional photographs posted on developer’s website. Chara, LLC v. Vista Green, LLC (W.D.N.C., Judge Frank D. Whitney) (2017)

      Represented apparel company in lawsuit against competitor alleging infringement of HUE trademark in the fashion hosiery and leggings market. Kayser-Roth Corporation v. Goodhew, LLC (M.D.N.C., Judge Loretta C. Biggs) (2015-2016)

      Obtained preliminary injunction on behalf of provider of ophthalmology HER software solutions in trade secret case seeking preliminary injunction against former employee who had access to the company’s proprietary software and source code. Medflow, LLC v. Riggi (N.C. Bus. Ct., Judge James L. Gale) (2015-2016)

      Represented supplier of battery separators to lithium ion battery industry in lawsuit asserting claims for patent infringement and various business torts arising out of termination of a supply agreement. Celgard, LLC v. LG Chem, Ltd. (W.D.N.C., Judge Max O. Cogburn, Jr.) (2014-2015)

      Represented supplier of battery separators to the lithium ion battery industry in patent infringement lawsuit against competitor. Celgard, LLC v. SK Innovation Ca, Ltd. (W.D.N.C., Judge Max O. Cogburn, Jr.) (2014-2015)

      Defended insurance company in trademark infringement action arising out of insurance company’s use of M-Powered Benefits mark in connection with its employee benefits enrollment program. Empowered Benefits, LLC v. MetLife, Inc. (W.D.N.C., Judge Max O. Cogburn, Jr.) (2012-2013)

      Represented furniture designer in copyright infringement action against Rooms To Go related to copied furniture collection designs. Pan-American Products Holdings, LLC v. R.T.G. Furniture Corp., et al. (M.D.N.C., Judge Thomas D. Schroeder) (2010­-2012)

      Represented battery separator manufacturer in trade secret misappropriation action against former engineers located in France over manufacturing know-how and processes. Daramic, LLC v. Koch (N.C. Bus. Ct.) (2011-2012)

      Defended mail-house company in trademark infringement action over mass mailings that referenced AARP study. AARP v. America’s Recommended Mailers, Inc., et al. (M.D.N.C., Judge Thomas D. Schroeder) (2006-2009)

      Obtained summary judgment on behalf of furniture manufacturer in dispute with licensor over obligations to market a furniture collection sold under licensor’s name. Lexington Furniture Industries, Inc. v. Bob Timberlake Collection, Inc. (N.C. Bus. Ct.) (2008-2009)

      Represented company in declaratory judgment action relating to alleged misappropriation of trade secrets for market-indicator software programs. Jan Arps’ Traders’ Toolbox, LLC v. BSG Traders LLC (W.D.N.C., Judge Thomas D. Schroeder) (2007-2008)

  • Securities and Shareholder Litigation
    • Obtained favorable pre-suit settlement in dispute over attempted exercise of expired stock options transferred to spouse of highly compensated executive who was subsequently terminated. (2019-2020)

      Represented closely held corporation in dissenting shareholder action brought by minority shareholder who objected to fairness of merger consideration, which was being paid pro rata on a per share basis, and sought appraisal remedy in Georgia Business Court. Tomco2 Systems Company f/k/a Tomco2 Equipment Company v. The Bonnie L. Hinely Revocable Trust, et al. (GA Bus. Ct. Div., Judge Randy Rich) (2018-2019)

      Obtained favorable settlement through indemnification demand against claims brought by investment banker seeking commission for services allegedly rendered under Investment Banking Advisory Agreement in connection with stock purchase and merger transaction. LBA Haynes Strand Capital Advisors, LLC v. Catawba Mechanical Services, Inc. (N.C. Sup. Ct.) (2019)

      Obtained stay of shareholder derivative lawsuit in the North Carolina Business Court against a corporate officer in favor of a competing action in New York brought by the corporate officer. LaMack v. Obeid (N.C. Bus. Ct., Judge Louis A. Bledsoe, III) (2014-2017)

      Obtained dismissal of all class claims against a national insurance company in action relating to alleged misrepresentations regarding the tax consequences of executive retirement plan governed by Securities Litigation Uniform Standards Act, resulting in favorable summary judgment decision and settlement. Reittinger v. Lincoln National Life Insurance Company (M.D.N.C., Judge Catherine C. Eagles) (2013-2015)

      Obtained $10.4 million jury verdict on behalf of City of St. Petersburg against bank in lawsuit arising out of investment losses suffered in Lehman Brothers purchased shortly before the 2008 financial crisis for a securities lending portfolio, and handled appeal of the jury verdict in the 11th Circuit Court of Appeals. City of St. Petersburg, Florida v. Wells Fargo Bank, N.A. (M.D. Fla. and 11th Circuit) (2011- 2013)

      Represented hospital authority on claims arising out of investment losses in structured investment vehicle purchased shortly before financial crisis of 2008 for securities lending portfolio managed by Wachovia. Charlotte-Mecklenburg Hospital Authority v. Wachovia Bank, N.A. (N.C. Bus. Ct. (2008-2011)

  • Life, Health and Disability Litigation
    • Manage nationwide portfolio of interpleader actions on behalf of national insurance company on a flat fee basis to ensure efficient and timely resolution of competing claims to death benefits, including actions filed in Arizona, California, Florida, Texas, New York, Oklahoma, Missouri, and Washington, among others. (2019-present)

      Represented interests of national insurance company under coinsurance agreement in litigation over benefits allegedly due under corporate owned life insurance (COLI) polices. Charles Schwab & Co., Inc., et al. v. Pavonia Life Insurance Company of Michigan, et al.(Cal. Sup. Ct.) (2019-present)

      Currently represent national insurance company in interpleader action in which claimant has asserted counterclaims against insurance company for advice allegedly received in connection with requirements to effectuate beneficiary change. Lincoln National Life Insurance Company v. Bauer, et al.(New York State Court) (2020-present)

      Obtained dismissal of all class claims against a national insurance company in action relating to alleged misrepresentations regarding the tax consequences of executive retirement plan governed by Securities Litigation Uniform Standards Act, resulting in favorable summary judgment decision and settlement.Reittinger v. Lincoln National Life Insurance Company (M.D.N.C., Judge Catherine C. Eagles) (2013-2015)

      Obtained summary judgment on behalf of national life insurance company and handled appeal to the Eighth Circuit upholding decision in case alleging that deposit paid in connection with mortgage commitment was illegal penalty rather than valid liquidated damages provision, which was affirmed on appeal. Ladco Properties XVII, LLC v. Jefferson-Pilot Life Insurance Company (S.D. Iowa and 8th Cir.) (2008)

      Defended insurance company in trademark infringement action arising out of insurance company’s use of M-Powered Benefits mark in connection with its employee benefits enrollment program. Empowered Benefits, LLC v. MetLife, Inc. (W.D.N.C., Judge Max O. Cogburn, Jr.) (2012-2013)

      Negotiated favorable pre-suit resolution on behalf of national insurance company in dispute with coinsurer regarding overpayments of annuity benefits for deceased annuitant. (2020-2021)

      Represented national life insurance company in declaratory judgment action in Connecticut Business Court defending insurer’s decision not to pay death benefit based on suicide exclusion against claim by beneficiaries that cause of death was murder. Lincoln National Life Ins. Co. v. McGonagle (Conn. Bus. Ct.) (2021-2022)

  • Food, Beverage and Hospitality
    • Represent large franchisee in slip and fall and other premises liability matters in North Carolina

      Defended national snack food manufacturer and marketer in Fair Labor Standards Act (FLSA) class/collective action brought by independent distributors claiming status as employees entitled to minimum wage and overtime pay. Jared Mode v. S-L Distribution Company, LLC, et al. (W.D.N.C., Judge Kenneth D. Bell) (2020-present)

      Defended chef and obtained favorable settlement in lawsuit alleging trade secret misappropriation and anticipated violation of covenant not to compete arising out of dispute over ownership of recipes. Real Food Central, LLC v. Jose Luis Alvarez(N.C. Bus. Ct., Judge Adam M. Conrad) (2018-2019)

      Obtained favorable settlement for Taco Bell franchisee in lawsuit alleging unjust enrichment against subsequent tenant of restaurant location for utility bills paid by franchisee after vacating premises. Bell Carolina LLC v. Olea Mediterranean Kitchen, et al.(N.C. Super.) (2018)

      Obtained summary judgment on behalf of food service provider in dispute with college over the termination of agreement to provide on-campus dining services. Thompson Hospitality, LLC v. The Paine College(S.D. Ga.) (2012-2014)

      Obtained favorable settlement at mediation on behalf of national restaurant chain for breach of lease, negligence, and unfair and deceptive trade practices arising out of the chain’s decision to close an Olive Garden location. McManus v. GMRI, Inc.(M.D.N.C., Mag. Judge David C. Keesler) (2011-2012)

      Secured dismissal of claims against group purchasing organization in the restaurant industry for unfair competition and tortious interference brought by competing GPO. Ben E. Keith, Co., LLC v. Dining Alliance, LLC v. Foodbuy, LLC (N.D. Tex.) (2021-2022)

  • Retail
    • Defended auto parts store chain against claim for aiding and abetting a breach of fiduciary duty brought by auto shop arising out of alleged moonlighting by mechanic. Reliable Auto Care LLC v. AutoZone Stores, Inc.(N.C. Super.) (2012-2013)

      Defended national auto parts store chain in lease dispute against claims by property owner demanding payment of property taxes. M&S Properties v. Advance Stores Company, Incorporated(D.S.C.) (2012-2013)

      Defended numerous chain retail stores in slip and fall and other premises liability matters.

  • Cybersecurity and Privacy
    • Represented global payments technology company against third-party complaint brought by national restaurant chain challenging enforceability of rules relating to the enforceability of fees assessed in connection with a data breach and seeking damages in excess of $16 million. Banc of America Merchant Services, LLC v. Arby’s Restaurant Group, Inc. v. Visa Inc. and Mastercard International Inc. (N.C. Bus. Ct., Judge Adam M. Conrad) (2020-present)

      Negotiated favorable resolution in billing dispute over allocation of risk for fees paid to computer hacker who infiltrated service provider’s computer service. Adult Life Programs, Inc. v. Partners Health Management, LME/PIHP (N.C. Super. 2021)

  • Class Actions
    • Defended national snack food manufacturer and marketer in Fair Labor Standards Act (FLSA) class/collective action brought by independent distributors claiming status as employees entitled to minimum wage and overtime pay. Jared Mode v. S-L Distribution Company, LLC, et al. (W.D.N.C., Judge Kenneth D. Bell) (2020-present)

      Represented ACC in consolidated class action lawsuits against claims that NCAA amateurism rules are anticompetitive restraints that violate the Sherman Antitrust Act. In re: National Collegiate Athletic Association Athletic Grant-In-Aid Cap Antitrust Litig. (N.D. Ca.) (2014-18)

      Obtained dismissal of all class claims against a national insurance company in action relating to alleged misrepresentations regarding the tax consequences of executive retirement plan governed by Securities Litigation Uniform Standards Act, resulting in favorable summary judgment decision and settlement.Reittinger v. Lincoln National Life Insurance Company (M.D.N.C., Judge Catherine C. Eagles) (2013-2015)

  • Financial Services Litigation
    • Manage defense of portfolio of mortgage-related claims against mortgage servicer to obtain efficient and timely resolution. (2019-present)

      Defended bank against third-party claims arising out of mortgage dispute. Dehart v. Wells Fargo Bank, N.A. v. Barclays Bank, PLC(E.D. Pa.) (2009)

      Defended mortgage servicer against discrimination claims brought under Fair Debt Collection Practices Act and Fair Housing Act. Fletcher v. Homecomings Financial Network, Inc.(M.D.N.C.) (2009)

      Obtained directed verdict on behalf of a secured lender at trial for breach of warranty of title and unfair and deceptive trade practices arising out of the lender’s repossession of a manufactured home, and represented lender on appeal resulting in directed verdict being upheld. Henson v. Green Tree Servicing, LLC (N.C. Superior Court) (2007-2008)

      Represented global payments technology company against third-party complaint brought by national restaurant chain challenging enforceability of rules relating to the enforceability of fees assessed in connection with a data breach and seeking damages in excess of $16 million. Banc of America Merchant Services, LLC v. Arby’s Restaurant Group, Inc. v. Visa Inc. and Mastercard International Inc. (N.C. Bus. Ct., Judge Adam M. Conrad) (2020-2021)

  • International and Cross Border
    • Obtained anti-suit injunction on behalf of a recycling company preventing a competing lawsuit in Italy arising out of the company’s purchase of a large piece of equipment from an Italian entity from going forward, resulting in favorable settlement.Custom Polymers PET, LLC v. Gamma Meccanica, SPA (D.S.C.) (2015-20­16)

      Represented battery separator manufacturer in trade secret misappropriation action against former engineers located in France over manufacturing know-how and processes. Daramic, LLC v. Koch (N.C. Bus. Ct.) (2011-2012)

  • Antitrust and Competition
    • Currently defending medical imaging system manufacturer against antitrust counterclaims relating to alleged refusal to disclose required assembly, installment, and testing information to independent service providers and former employees. Philips Medical Systems Nederland B.V., et al. v. TEC Holdings, Inc., et al. (W.D.N.C., Judge Max O. Cogburn, Jr.) (2021-present)

      Represented ACC in consolidated class action lawsuits against claims that NCAA amateurism rules are anticompetitive restraints that violate the Sherman Antitrust Act. In re: National Collegiate Athletic Association Athletic Grant-In-Aid Cap Antitrust Litig. (N.D. Ca.) (2014-18)