Profile

Eric Welsh has more than 20 years of experience litigating business disputes in federal and state courts throughout the United States. Mr. Welsh has successfully represented clients in matters involving claims of business torts, antitrust, RICO, unfair competition and intellectual property claims. He also counsels clients on antitrust compliance, privacy issues and e-discovery.

Mr. Welsh is admitted to practice before the United States Court of Appeals for the Fourth Circuit, the United States District Courts for the Western, Middle and Eastern Districts of North Carolina and the Southern and Eastern Districts of New York.

Experience Highlights

Mr. Welsh’s recent experience includes:

Antitrust and RICO

• Representing a global manufacturer in a consummated merger trial before  the Federal Trade Commission and on appeal to the full Commission
• Representing a client in a lawsuit under N.C.G.S. §75-1.1 in connection with a retail price maintenance policy
• Representing a national company in a RICO action brought against it in the Western District of North Carolina and obtaining a denial from the court of a motion to seize assets in the action which was subsequently settled
• Obtaining a dismissal of a RICO action against another national company in a case before the Western District of North Carolina which was affirmed by the Fourth Circuit Court of Appeals
• Counseling and advising clients on antitrust compliance issues, including in matters before the Department of Justice and Federal Trade Commission

Business Torts and Intellectual Property

• Representing Plaintiffs in an unfair competition and trade secret case involving claims that the Defendants had attempted to create an electronic database of construction projects to compete unfairly with the Plaintiffs through the misappropriation of Plaintiff’s intellectual property, resulting in the entry of preliminary and permanent injunctive relief
• Obtaining a temporary restraining order and injunction under the Computer  Fraud and Abuse Act to prevent a software company from implementing a “time bomb” code that was imbedded in a software program provided to a customer and which would have disabled that software and shut down the customer’s business if implemented
• Obtaining an injunction in a misappropriation of trade secrets case under the inevitable disclosure doctrine which marked the first time this doctrine was recognized by the courts in South Carolina
• Obtaining an order of spoliation of evidence resulting from the intentional destruction of electronic information contained on a USB device and computer in a trade secret misappropriation case, which facilitated an advantageous settlement
• Representing and counseling companies in cases regarding the enforceability of covenants not to compete, including obtaining injunctions and temporary restraining orders to enforce such provisions
• Representing a national construction rental company in a lawsuit and trial for unfair competition and trade secret misappropriation in the North Carolina Business Court, resulting in a substantial award to the client
• Representing companies in trademark, copyright and patent infringement  disputes in arbitrations and federal court.

Contract and Other Litigation

• Representing a financial institution in a putative class action shareholder dispute in the Delaware Chancery Court
• Representing a national company in franchise termination disputes involving claims of trademark infringement
• Representing insurance companies in disputes with policyholders for claims of breach of contract, unfair competition, fraud and negligent or bad faith insurance practices
• Obtaining summary judgment for an insurance company in an ERISA lawsuit  which was affirmed in part on appeal to the Fourth Circuit Court of Appeals and subsequently settled

Experience

Mr. Welsh’s representative experience includes:

Antitrust and RICO

• In the Matter of Polypore International, Inc. (Docket No. 9327, Federal Trade Commission, 2008-09). Represented Polypore in a consummated merger case brought under Section 7 of the Clayton Act and Section 5 of the FTC Act, resulting in a five-week trial before an Administrative Law Judge and appeal to the full Commission.
• Energy Alternatives, Inc. v. Tropitone Furniture Co., Inc. (06-CVS-8782, N.C. Business Court, 2008). Represented Energy Alternatives in an unfair competition action arising under N.C.G.S. § 75-1.1 regarding a retail price maintenance policy. The matter was resolved on terms favorable to Energy Alternatives.
• Ronnie Adcock v. Freightliner LLC (W.D.N.C. 2006). Represented Freightliner in obtaining a dismissal of a RICO action which was affirmed by the Fourth Circuit Court of Appeals. 
• R.J. Reynolds Tobacco Co. v. Market Basket Food Stores, Inc., et al. (W.D.N.C. 2005). Represented Appalachian Oil Company in a RICO action brought against it and obtained a denial from the court of a motion to seize assets in the action which was subsequently settled. 
• Counseled and advised clients on antitrust compliance issues, including matters before the Department of Justice and Federal Trade Commission.

Business Torts and Intellectual Property

• Carolinas AGC, Inc. and Euclid Group LLC v. Goodrich Hendry LLC, et al., 10 CVS 21114 (N.C. Business Court, 2010-11). Represented the plaintiffs in an unfair competition and trade secret case involving claims that the defendants had attempted to create an electronic database of construction projects to compete unfairly against Carolinas AGC’s IBuild database through the misappropriation of Carolinas AGC’s intellectual property. The matter was resolved on favorable terms to Plaintiffs including their obtaining restitution and the entry of permanent injunctions against the Defendants.
• Represented a National Company in connection with patent infringement claims related to web-based technology
• Nucor Corp. v. John Bell and SeverCorr, L.L.C., 2:06-CV-02972 (D.S.C., 2006-08). Represented Nucor and obtained a preliminary injunction in a misappropriation of trade secrets case under the inevitable disclosure doctrine which marked the first time this doctrine was recognized by the courts in South Carolina. In addition, Nucor obtained an order of spoliation of evidence resulting from the intentional destruction of electronic information contained on a USB device and computer in a trade secret misappropriation case, which facilitated an advantageous settlement for Nucor.
• Commercial Defeasance, LLC v. Greg Stranger et al. (W.D.N.C. 2007).  Represented Mr. Stranger in an action involving claims of trade secret misappropriation. The matter was resolved on favorable terms.
• Jim Moran & Associates, Inc. v. Douglas Pfluke, et al., (Superior Ct. Meck. Co. 2006). Represented Jim Moran & Associates in an action involving claims of trade secret misappropriation, tortious interference with contract and unfair and deceptive trade practices brought against a competitor and its former employees. The matter was resolved on terms favorable to Plaintiff.  
• BearingPoint Inc. v. uWork.com, Inc. dba Covendis Technologies, Inc. (W.D.N.C. 2005). Represented BearingPoint in an action in the federal court and arbitration, obtaining a temporary restraining order and injunction under the Computer Fraud and Abuse Act to prevent a software company from implementing a “time bomb” code that was imbedded in a software program provided to a customer and which would have disabled that software and shut down the customer’s business if implemented. The matter was resolved on terms favorable to BearingPoint. 
• Sunbelt Rentals, Inc. v. Head & Engquist Equipment, L.L.C., 620 S.E.2d 222 (N.C. Court of Appeals, 2005). Represented Sunbelt Rentals in a lawsuit and trial for unfair competition and trade secret misappropriation in the North Carolina Business Court, resulting in a substantial award to the client and establishing important precedent in North Carolina establishing a standalone claim under N.C.Gen. Stat. § 75-1.1.
• Nucor Corporation v. Rodney Mott, 3:02-CV-521 (W.D.N.C., 2002-03).  Represented Nucor in a case involving claims of unfair competition, violation of covenant not to compete and trade secret misappropriation. Obtained a dismissal of a related action filed in Delaware in favor of the action in the Western District of North Carolina. The matter was settled on terms favorable to Nucor. 
• Metrolina Surgery P.A. v. Singh and Singh Surgical Associates (Superior Ct. Meck. Co. 2003). Represented Metrolina Surgery in an action to enforce a noncompete agreement in a medical practice and successfully obtained a preliminary injunction following expedited discovery. The matter was subsequently settled. 
• Mr. Welsh represents clients in trademark, copyright and patent infringement disputes.

Contract and Other Litigation

• Isser v. Bray (Del. Ch. 2011-12). Represented Bank of Granite Corporation in a putative class action filed by a shareholder to enjoin the merger to Bank of Granite and FNB United.
• Great Harvest Franchising, Inc., (2006 to present). Represented GHFI in lawsuits involving claims of trademark infringement, trade secret misappropriation and breach of contract in connection with termination of GHFI franchisees.
• Wilmington Shipping v. New England Life Ins. Co. (E.D.N.C. 2009). Represented New England Life in an ERISA action spanning over six years and obtained summary judgment for New England, which was affirmed in part on appeal to the Fourth Circuit. The matter was ultimately resolved on terms favorable to New England. 
• Crowder Construction Company v. Charlotte Area Transit System (Superior Ct. Meck. Co. 2005). Represented Charlotte Area Transit System in an action surrounding the bidding process followed for the Charlotte light rail project.  
• Wachovia Securities v. Loan Protector (AAA arbitration 2004). Represented Wachovia Securities and obtained an award in its favor in a breach of contract action involving the processing of loan documentation. 
• Premier Systems Integrators, LLC v. Ernst & Young LLP and CAP Gemini Ernst & Young U.S. LLC (Superior Ct. Meck. Co. 2002). Represented the Defendants in a breach of contract action involving their implementation of software, resulting in summary judgment for Defendants and an award of attorneys’ fees. 
• Otto Industries, Inc. v. Hi Tech Mold and Manufacturing (W.D.N.C. 2000).  Represented Otto Industries in a lawsuit alleging breach of contract and fraud surrounding the manufacture of an injection mold. Successfully obtained dismissal of a related lawsuit brought in the federal court in Detroit in favor of the action in the Western District of North Carolina and the matter was subsequently resolved after discovery and summary judgment.

News

• Federal Trade Commission Actions Highlight Need for Protection of Consumer Data
  Privacy & Information Security Alert
  September 13, 2011
• 69 Parker Poe Attorneys Recognized as Best Lawyers® for 2012
  September 6, 2011
• The FTC's Intel Case Serves as a Reminder that Single Firm Conduct can also Violate the Antitrust Laws
  Antitrust & Unfair Competition Update
  November 18, 2010
• Department of Justice and Federal Trade Commission Issue Revised Horizontal Merger Guidelines
  Antitrust & Unfair Competition Update
  August 31, 2010
• Leniency Programs and Increased Criminal Penalties make Antitrust Compliance Programs Essential
  Antitrust & Unfair Competition Update
  August 25, 2010
• 61 Parker Poe Attorneys Recognized as Best Lawyers® for 2011
  August 18, 2010
• Supreme Court Decision in American Needle Increases Antitrust Risks for Joint Ventures
  Antitrust & Unfair Competition Update
  July 15, 2010
• 55 Parker Poe Attorneys Recognized as Best Lawyers®
  July 30, 2009
• More than 50 Parker Poe Attorneys among Business Leader's Top Lawyers
  September 24, 2008
• NC Appeals Court Rules in Favor of Sunbelt Rentals
  October 26, 2005

Events & Speaking Engagements

• Building Your Civil Trial Skills
  December 2010
  National Business Institute, Charlotte, NC
• Protecting Business Secrets and Key Personnel: How Far Can Companies Go?
  October 27, 2010
  American Bar Association Teleconference
• Building Your Civil Trial Skills
  December 2009
  National Business Institute, Charlotte, NC
• Lawsuits Between Business Competitors: Chapter 75-1.1 and Beyond
  February 17, 2006
  Mecklenburg County Bar Association Business Litigation Forum
• American Bar Association Section of Antitrust Law
  Teleconference

Publications

Author, Antitrust & Competition Reporter Blog, Parker Poe Adams & Bernstein, 2010-present

Author, Trade Secret & Unfair Competition Reporter Blog, Parker Poe Adams & Bernstein, 2009-present

“Fighting Theft Of Company Data Through The CFAA,” Law360, New York, July 16, 2010

"Trade Secrets Litigation: Protecting Compilation of Business Information," ABA Business Torts Journal, Trade Secrets Issue, vol. 13, no.3, Spring 2006

"Info Security Key to Thwart Cyberthieves," Charlotte Business Journal, May 10, 2005

"Noncompete Agreements Needed to Protect Secrets," Charlotte Business Journal, June 22, 2001

Memberships

• American Bar Association
  Member, Committee on Business Torts Litigation; Member, Committee on Antitrust Litigation; Member, Committee on Intellectual Property Litigation
• Gift of Adoption Fund
  Board of Directors, Carolinas Chapter, 2012
• North Carolina State Bar
  Co-Chair, Civil Practice & Procedure Committee of the Litigation Section Council, 2010-present
• Mecklenburg County Bar
  Member, CLE Committee
• Town of Matthews, North Carolina
  Chair, Board of Adjustment, 2008-present
• Childress Klein YMCA
  Executive Committee Member, 2006-2008; Board of Managers, 2003-2008
• Mecklenburg County Bar Leadership Institute
  2005
• North Carolina State Bench Bar Liaison Committee
  Member, 2004-2008
• Chief Justice William H. Bobbitt American Inn of Court
  Master, 2004-present