Review Our Expertise Below or Select an Area Above

Business owner disputes

An ownership stake in a closely held business often represents the thrift of an entire career.  When owners fall into conflict, they need lawyers who are adept in the specialized law that applies and experienced in the opportunities and pitfalls of this class of litigation.  Nothing substitutes for experience in addressing the many tactical issues presented, including whether to invoke Business Court jurisdiction and how to arrange and present compelling expert business valuation evidence.

We have litigated many such cases and helped owners to avoid litigating many others. 

• The Virkler Co. v. Chemical Technologies, LLC, 2006 NCBC 16 (Nov. 6, 2006)
• Barnes v. Kochhar, 178 N.C. App. 489, 633 S.E.2d 474 (2006)
• Lee v. Scarborough, 164 N.C. App. 357, 595 S.E.2d 729, disc. rev. denied, 359 N.C. 189, 607 S.E.2d 274 (2004)
• Garlock v. Southeastern Gas & Power, Inc., 2001 NCBC 10 (Nov. 14, 2001)

Construction litigation

Construction law is a core practice area for our firm.  We regularly represent owners, contractors, subcontract trades and design professionals on private and public projects in a variety of settings from contract review to arbitration and trial.  We have experience in all manner of contract disputes, mechanics liens, Miller Act and Little Miller Act claims, subrogation claims, surety claims, insurance claims, defect and material failure claims, delay and acceleration claims, and business torts that occur in construction relationships.  We work to help our clients avoid litigation when possible, but when necessary we aggressively represent our clients in mediation, arbitration and litigation in state and federal courts.  Joe Moss is a Past Chair of the North Carolina Bar Association Construction Law Section.  Members of our firm have been recognized by peer review voting in Business North Carolina Legal Elite® and Law & Politics Super Lawyers® as outstanding construction lawyers. 

Employment litigation, counseling, contracting

We have broad experience with employment law issues.  The following are examples of wage, commission and/or deferred compensation claims of high-earners (including independent commissioned representatives) that we have litigated.  Although indicative of our experience, the results in these cases were dependent on their evidence and other unique circumstances.

• Healy v. Banc of America Securities, LLC, FINRA Dispute Resolution Case No. 09-01424 (Jul. 6, 2010)
• Kornegay v. Aspen Asset Group, LLC, 693 S.E.2d 723 (N.C. App. 2010)
• Green v. Virtual Image Technology, Mecklenburg Civil Action No. 02-CVS-10440 (Apr. 2004)

We also advise and litigate concerning covenants-not-to-compete and are thoroughly familiar with the substantial and nuanced body of North Carolina case law on this subject.  We also are conversant with and handle wrongful termination and employment discrimination issues. 

Real estate & title insurance litigation

Our firm is experienced in complex real estate title and botched-closing controversies, having litigated both for and against title insurers and settlement agents.  For a recent example:

• Chase Bank USA, N.A. v. Lane, Case No. 3:09-cv-47 (W.D.N.C. Jul. 9, 2010)

Insurance coverage litigation

Our lawyers have litigated coverage issues under homeowners, comprehensive general liability, builders risk and professional liability policies, including occurrence triggers, sufficiency of notice of coverage reduction, coinsurance notice requirements, the notice-prejudice rule and applicability of a self-insured retention clause in the context of an insured’s insolvency.

• Ingram v. McPhail, Bray, Murphy & Allen, Inc., 83P02 (N.C. 2002).

FINRA arbitrations

On a selective basis, our firm represents securities brokerage clients and registered representatives in arbitrations before the Financial Industry Regulatory Authority (“FINRA”), which are made mandatory by standard provisions of customer account and employment agreements used by the securities industry.  Pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act, brokerage customers may soon be allowed to elect between court and arbitration.  Given the breadth of our commercial litigation practice, and depth of our courtroom experience, we are prepared for that change.

• Healy v. Banc of America Securities, LLC, FINRA Dispute Resolution Case No. 09-01424 (Jul. 6, 2010)
• Spragins v. Linsco/Private Ledger Corp., NASD Dispute Resolution Case No. 04-07713

Local government litigation

Our firm has represented a county government in litigating sovereign immunity and other issues in a contract dispute.  We have special insight in representing both municipal governments and businesses who deal with them due to Dan Bishop's service as a Mecklenburg County Commissioner.

Lawyer malpractice defense

Our firm has represented an attorney in defending malpractice and related claims arising from a specialized loan transaction.

• North American Savings Bank, F.S.B. v. Melvin L. Henderson, et al., Case No. 5:08-CV-601 (E.D.N.C. Aug. 25, 2010).

Retail/commercial landlord-tenant

For almost 20 years, lawyers in our firm have handled landlord-tenant litigation for retail mall landlords. Over that time, we have also been involved in numbers of landlord-tenant disputes involving other commercial properties. We serve these clients' needs with care, skill and limited expense.