Explore Our Capabilities

Commercial Litigation

Overview

Parker Poe’s business litigation team represents companies of all sizes and individuals in complex commercial disputes before state and federal trial courts and governmental agencies throughout the Southeast and the nation. Our team knows how to try, and win, cases and has a proven track record of success in handling the litigation needs of clients across a broad array of industries, including financial services, pharmaceutical, manufacturing, insurance, defense, energy, health care, telecommunications, and technology. Members of our team have been named to the American College of Trial Lawyers, recognized among Woodward/White’s The Best Lawyers in America, Benchmark Litigation, Business North Carolina’s “Legal Elite”, Super Lawyers, and other publications, and served on the faculty for both the National Institute of Trial Advocacy (NITA) and the National Trial Advocacy College.

Our team has extensive experience handling complex disputes in both domestic and international arbitration proceedings, as well as mediation. Our attorneys regularly appear before arbitration panels of the American Arbitration Association (AAA), Financial Industry Regulatory Authority (FINRA), JAMS, International Chamber of Commerce, FORUM (formerly the National Arbitration Forum), and the International Institute for Conflict Prevention and Resolution (CPR). In addition, our attorneys have participated in hundreds of mediations on behalf of clients and are able to draw on the insight of our team members who are themselves trained and experienced mediators.

Among Parker Poe’s business litigators is also a critical core of experienced appellate advocates. We have successfully handled appeals at various levels of both state and federal courts. Advocates on our team are admitted to practice before the various federal circuits and the United States Supreme Court, and they draw experience from our attorneys who have served as former law clerks to the U.S. Courts of Appeals, U.S. District Courts around the country, and state appellate courts.

Representative Experience

We represent clients in all types of complex business disputes, including:

  • Acquisition Disputes. We represent buyers and sellers of businesses in disputes arising out of acquisitions, including claims for purchase price adjustments, breach of acquisition agreements, and breach of contracts related to the acquisition agreement.
  • Antitrust. We represent clients in both private and public antitrust cases in federal and state courts, complex multiparty litigation, class actions, and multi-district consolidated antitrust cases. We have been involved in the multiparty defense of several indirect purchaser class action cases and in other major antitrust litigation involving improper assertion of copyright and patent rights and monopolization of downstream service markets.
  • Business Torts. We are involved in matters relating to unfair competition, unfair and deceptive trade practices, consumer protection, covenants not to compete, defamation, false advertising, infringement of intellectual property rights, employee raiding, and confidentiality agreements.
  • Class Action Defense. We represent clients in class actions (both putative and certified) in state and federal courts. Our team defends clients in all aspects of class action litigation including class certification, forum issues, dispositive motions, opt out and objector issues, and settlement issues.
  • Commercial Contract Disputes. Contracts and laws related to the operation and conduct of business between commercial entities form the heart of all commercial transactions. We litigate a wide array of cases relating to commercial contracts, including disputes concerning distributor and manufacturer relationships, supply contracts, loan agreements, guaranties, equipment purchases, license agreements, real estate transactions, and sponsorship contracts.
  • Constitutional Law. Our attorneys have litigated a wide variety of constitutional issues which impact our business clients, under both the federal and state constitutions.
  • Consumer Disputes. We represent numerous automobile dealerships, homebuilders and lenders in consumer disputes involving Truth in Lending Act, Fair Debt Collection Practices Act, Fair Credit Reporting Act, labor laws, and other consumer issues.
  • Corporate Governance & Shareholder Disputes. We litigate actions between owners of business entities including actions for accounting, dissolution, breach of fiduciary duties, and minority shareholder dissent and appraisal rights.
  • Intellectual Property Litigation. We have extensive experience handling a full range of litigation matters involving the intellectual property rights that are critical to the strength and success of businesses in today’s market. We represent clients in disputes involving allegations of patent, copyright, and trademark infringement, as well as the misappropriation of trade secrets. We also regularly represent our client in opposition or cancellation proceedings before the Trademark Trial and Appeal Board.
  • Internet Domain Name Disputes. We have prevailed in numerous proceedings under ICANN before various arbitration tribunals to stop cybersquatting and misleading domain names.
  • Lender Liability & Financial Services. We represent financial institutions in actions involving allegations of fraud, negligent misrepresentation, unfair and deceptive trade practices, breach of fiduciary duty, and breach of implied covenant of good faith and fair dealing, and also handle matters involving interest rate swaps/letters of credit, financial instruments, negotiable instruments, and consumer mortgages.
  • Product Liability & Tort Defense. We represent clients in state and federal courts in claims involving wrongful death, bodily injury, property damage, business interruption, and other economic losses. Our litigation experience includes multi-district litigation and mass tort litigation.

A sample of our cases includes:

  • Prima Tek II L.L.C. v. Klerk’s Plastic Products Manufacturing, Inc., No. 00-583-GPM (S.D. ILL.) – Defended claims of breach of license agreements and contempt of court in which plaintiff sought to recover more than $12 million. After a six-day bench trial, the court ruled in favor of our client on all counts.
  • Peninsula Property Owners Association, Inc. v. Crescent Resources, LLC, 360 N.C. 177, 626 S.E. 2d 648 (N.C. Supreme Court), 171 N.C. App. 81, 614 S.E. 2d 351 (N.C. App., June 21, 2005) – Defended a developer against improper claims brought by a property owners association. We obtained a dismissal of the case because the by-laws of the plaintiff required super-majority vote which was never obtained.
  • Carrier v. Speedway Motorsports, Inc. – Represented a speedway in a lease dispute arising out of stock purchase agreement.
  • First Union National Bank v. Brown – Obtained summary judgment against a guarantor who contended that a corporate officer who executed guaranty did not have authority to execute the guaranty.
  • Kozberg v. Cone Mills Corporation – Represented a minority shareholder in action to compel an annual shareholder’s meeting.
  • Cracker Barrel Old Country Store, Inc. v. Atlanta Motor Speedway – Obtained summary judgment for Speedway in action that contended breach of a sponsorship agreement arising out of broadcast coverage of race.
  • Pleasant Valley Promenade v. Lechmere, Inc., 120 N.C. App. 650, 464 S.E. 2d 47 (N.C. App, 1995) – Represented a shopping center owner against tenant to enforce operating covenant.

Loading Content

Professionals

Loading Content