Profile

Mike Adams focuses on business related litigation with significant experience in many different types of business transactions. He tries cases and handles appeals for plaintiffs and defendants in state and federal courts in many jurisdictions. He also conducts numerous arbitrations.

Mr. Adams is admitted to practice before the United States District Courts for the Western, Middle and Eastern Districts of North Carolina, and the United States Court of Appeals for the Federal, Fourth, Sixth and Seventh Circuits.

Experience Highlights

Mr. Adams' commercial litigation practice regularly includes the following matters:

• Breach of contract claims
• Banking transaction litigation
• Business acquisition disputes
• Real estate development claims
• Dealer and distributor termination actions
• Intellectual property disputes
• Covenants not to compete
• Corporate governance claims
• Shareholder derivative actions

Mr. Adams also represents both debtors and creditors in a wide variety of bankruptcy issues, including:

• Asset protection planning
• Foreclosures
• Preference claims
• Guaranties
• Financing claims

Experience

Some notable cases include:

BSN Medical, Inc. v. Parker Medical Associates and A. Bruce Parker, (W.D.N.C. 2012). Plaintiff sought $13 million in damages from our client, but after a two week trial in December 2011, the jury ruled in our client’s favor on all plaintiff’s claims. The case was an action for misappropriation of trade secrets, fraud, breach of employment, breach of license agreement, copyright infringement, tortious interference, unfair competition and unfair and deceptive trade practices. In 1986, Bruce Parker invented and patented the roll-form synthetic splint known as Ortho-Glass. In 1996, he sold his company for $44 million to Smith & Nephew, a major medical products company whose splinting assets were acquired by BSN Medical in 2001. In 2007, after the patents for Ortho-Glass had expired Parker decided to reenter the synthetic roll form splint business. BSN accused Parker of misappropriating trade secrets for manufacturing the roll form splint that had been sold in the acquisition. Before the trial, Parker Medical obtained summary judgment on copyright infringement and fraud claims.

CK Southern Associates v. Charlotte N.C. Hotel Corp., Mecklenburg County North Carolina Superior Court case no. 09-cvs-347. We obtained a $1,326,392.30 jury verdict after a week long trial for our client in August 2010 which was every penny requested. Our client had sued to enforce the reimbursement provisions of a cross easement agreement in an office tower/hotel complex to recover its share of expenses for the major repairs of an outdoor plaza. The judgment is currently on appeal.

In re Estate of Severt, 669 S.E.2d 886, N.C.App., December 16, 2008 (NO. COA08-203). We secured the agreed upon compensation for a co-administrator of a $100 million estate after one of the heirs attempted to renege on the agreement. Simultaneous actions were pending in both Virginia and North Carolina because of complicated jurisdictional issues arising from the uncertain domicile of the decedent.

Cinnabar Growth Capital v. Carolina Golf Coast Realty (Private Arbitration – Wilmington). Obtained $1.5 million award for breach of fiduciary duty and unfair and deceptive trade practices in action by residential developer against real estate broker. Broker failed to disclose agency agreement with seller. (May 2008)

Prima Tek II, LLC. v. Klerk’s Plastic Products Manufacturing, Inc. (S.D.Ill. 2005) 525 F.3d 533 (7TH Cir. 2008). We obtained no liability judgment in favor of our client after a week long bench trial which was affirmed on appeal by the Seventh Circuit in 2008 in an action for contempt of court and alleged breach of patent and intellectual property license agreements. The plaintiff had sought over $3 million.

Cowell v. D.C. Boyle, Inc. American Arbitration Association – Gastonia (2005). We obtained a complete defense verdict in an action for breach of home construction contract, even though there were admitted code violations, because of homeowner’s unreasonable refusal to accept warranty work.

Carrier v. Bristol Motor Speedway, Inc. 151 S.W.3d 920, (Tenn.Ct.App., May 27, 2004) (Bristol Tn. 2004) The Tennessee Court of Appeals entered a complete defense judgment in favor of our client in an action for breach of an asset purchase agreement. Plaintiff contended that our client built a portion of the Speedway grandstands on the leased premises and sought portion of proceeds from races.

Smith v. North Carolina Motor Speedway, Inc., Mecklenburg County North Carolina Superior Court. We obtained a $4.4 million judgment in a minority shareholder appraisal suit.

Seneca-Cayuga Tribe of Oklahoma v. Humble Riggs & Associates, LLC. (W.D.N.C. and N.D.Ok. 2002) During a preliminary injunction hearing, we favorably settled an action by Indian Tribe to enforce termination of joint venture agreement whereby our client managed Indian owned cigarette company in exchange for 50% of profits. The tribe contended that the agreement was void because it was not approved by the Bureau of Indian affairs. We relied on an old statue specific to Oklahoma Indian Tribes to rebut the claims.

Some notable cases in which we obtained summary judgment or dismissals before trial include:

Official Committee of Unsecured Creditors v. Highland Capital Management, L.P., (In re Moll Industries, Inc.), 454 B.R. 574, 2011 WL 3348223 (Bkrtcy.D.Del. 2011). In July 2011, we obtained the complete dismissal with prejudice of Committee’s claim that our client Highland Capital Management was the alter ego of the debtors and therefore liable for all of the debtors obligations to the unsecured creditors.

Petty v. NVR, Inc. Lincoln County North Carolina case no. 10-CVS-1857. In January 2012, we obtained a complete summary judgment in favor of our client (a national homebuilder) dismissing the plaintiffs’ claims for violation of North Carolina Sedimentation and Pollution Control Act, Landfill Act, Negligence, Breach of Contract, Breach of Implied Warranties arising out of erosion of slope next to plaintiff’s house.

Lee v. Winget Road, LLC, Mecklenburg County Superior Court Case No. 08-CVS-5559. Obtained summary judgment dismissing claims by group of homeowners that homebuilders misrepresented setbacks and neighborhood amenities.

Santoni v. Sundown Cove, LLC, 2009 WL 131310, (N.C.App., January 20, 2009). The North Carolina Court of Appeals upheld trial court’s order enforcing settlement agreement in action for alleged surface water diversion into a cove on Lake Norman.

Green v. Julio & Sons Company (American Arbitration Association – Miami) Obtained summary judgment that former employee’s options had expired for failure to exercise them within 90 days of termination. (Sept. 2008).

McLeod Addictive Disease Center, Inc. v. WilData Systems Group, Inc., 2008 WL 2397614, (W.D.N.C., June 10, 2008) (NO. 3:08-CV-27). Obtained enforcement of forum selection clause selecting Ohio as forum.

Farrar & Farrar Dairy, Inc. v. Miller-St. Nazianz, Inc., 2007 WL 4118519, 69 Fed.R.Serv.3d 767, (E.D.N.C., November 16, 2007). Obtained dismissal for lack of personal jurisdiction of Belgian manufacturer of silage storage bags which allegedly failed as a result of manufacturing defects and were ultimately sold and used in North Carolina.

Cracker Barrel Old Country Store, Inc. v. Atlanta Motor Speedway, Inc., NASCAR and Fox (M.D.Tn. 2003). We obtained summary judgment in favor of the Speedway in an action for alleged breach of race title sponsorship agreement.

Jim Myers & Son, Inc. v. Motion Industries, Inc., 140 F.Supp.2d 595, (W.D.N.C., April 04, 2001). Obtained dismissal for lack of personal jurisdiction of Michigan engineering firm who supervised construction of sewage treatment plant.

Owens v. Bristol Motor Speedway, Inc., 77 S.W.3d 771, 2002-1 Trade Cases P 73,555, (Tenn.Ct.App., December 19, 2001). Obtained summary judgment in purported class action alleging a price fixing conspiracy related to souvenir sales.

News

• Forty-Two Parker Poe Attorneys Named as 2012 NC Super Lawyers
  January 20, 2012
• 69 Parker Poe Attorneys Recognized as Best Lawyers® for 2012
  September 6, 2011
• Thirty-Seven Parker Poe Attorneys Named NC Super Lawyers for 2011
  January 25, 2011
• Law & Politics Names 36 Parker Poe Attorneys as Super Lawyers
  January 28, 2010
• 55 Parker Poe Attorneys Recognized as Best Lawyers®
  July 30, 2009
• Forty-Six Attorneys Named Super Lawyers
  January 26, 2009
• More than 50 Parker Poe Attorneys among Business Leader's Top Lawyers
  September 24, 2008
• Twenty-One Parker Poe Attorneys Named Super Lawyers
  January 28, 2008
• Nineteen Parker Poe Attorneys Named North Carolina Super Lawyers 2007
  January 26, 2007
• Forum Selection Clauses in the Carolinas
  April 12, 2002

Events & Speaking Engagements

• Asset Protection Planning, Presenter
  July 21, 2006
  27th Annual Estate Planning & Fiduciary Law Section Meeting, North Carolina Bar Association
• Asset Preservation, Co-presenter
  August 21, 2004
  North Carolina Physician North Carolina Pediatric Society Annual Meeting

Memberships

• Arts & Science Council
  Secretary, 2009-present; Executive Committee, 2006-present