Our
firm has a breadth of experience, expertise and clients that is unusual in
firms of our size. For a general
description about our services, please see our page on this website called
"Our Services". The
following is a small sample of some matters recently handled
by our firm:
Litigation.
BCM
Wins $2.3 Million Recovery for Client Against Insurance Company Together
with $350,000 Settlement Against Insurance Agent.
In a complex insurance coverage dispute arising out of the fire
destruction of a Queens Road home, our litigators recently won our
clients' a total recovery of over $2.3 million, which included trebled
damages for violation of North Carolina's unfair and deceptive trade
practices statute. Through persistent investigation, we were able to
determine that the insurance carrier had reduced the insureds' unlimited
replacement cost coverage without giving notice of the reduction, a
violation of North Carolina law. The carrier sought to defeat the claim by
motion for summary judgment. We prevailed instead on a cross-motion for
summary judgment of liability. Damages were fixed by jury verdict after
trial. We also obtained a settlement of $350,000 from the insurance
agent.
BCM
Concludes Complex Shareholder Litigation Case in N.C. Business Court.
We represented three minority shareholders of a closely-held, specialized
marketing corporation who were forced out of their employment and
management participation by the remaining, majority shareholder. Our firm
commenced an action to recover unpaid compensation and for dissolution or
buyout of the minority's shares. After litigation before a court-appointed
referee and, more recently, trial before the North Carolina Business
Court, our clients settled the compensation claim for over 90 percent of
the amount sought and we await judgment on the dissolution/buyout claim.
Court of
Appeals Affirms BCM Trial Win in Trade Secrets Case.
In Barker Industries v. Gould, 2001 WL 1220757 (N.C. App. Oct. 16, 2001),
the North
Carolina Court of Appeals affirmed our clients' damages recovery and
injunction against a former employee who extensively stole trade secrets
to establish a competing business. The Court approved the imposition of a
permanent ban on the employee's participation in our client's line of
business in light of our demonstrating that the former employee derived
substantially his entire knowledge of the business from our clients'
stolen trade secrets and that the former employee violated temporary
injunctions in bad faith. A further award of attorney's fees is available
upon remand.
BCM Serves as Local Counsel in
SunTrust Lawsuit Against First Union and Wachovia Merger.
BCM served as local counsel in connection with SunTrust Banks' lawsuit
attempting to stop a proposed merger between First Union and
Wachovia. Main counsel for SunTrust was the New York City firm of
Skadden, Arps, Slate, Meagher & Flom LLP and the Raleigh firm of Ellis
& Winters, LLP.
BCM Obtains Release of Employee from Non-Compete.
Our firm successfully represented a highly compensated sales employee in
connection with a covenant not to compete slipped into an incentive stock
option grant agreement by his former employer. Because of the prospect
that the employer would seek to enforce the bogus noncompete in a distant
jurisdiction, we commenced a declaratory judgment action in federal court
here to have the noncompete declared invalid and unenforceable. Following
discovery, the employer agreed to settle the controversy by releasing the
employee entirely from the noncompete.
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