Practices & Industries

Commercial Litigation

Contracts and laws related to the operation and conduct of business between commercial entities form the heart of all commercial transactions. We regularly represent businesses throughout all aspects of their operation and handle commercial disputes in state and federal courts, governmental agencies and arbitration panels.

Experience Highlights

We represent plaintiffs and defendants in actions for money damages, injunctive and other equitable relief, in all types of business disputes including:

  • Commercial Contracts Disputes – We successfully prosecute disputes concerning distributor and manufacturer relationships, supply contracts, loan agreements, guaranties, equipment purchases, license agreements, real estate transactions and sponsorship contracts.
  • Acquisition Disputes – We represent buyers and sellers of business 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.
  • Corporate Governance and Shareholder Disputes – We litigate actions between owners of business entities including actions for accounting, dissolution and minority shareholder dissent and appraisal rights.
  • Internet Domain Name Disputes – We have prevailed in numerous proceedings under ICANN before various arbitration tribunals to stop cybersquatting and misleading domain names.
  • Consumer Disputes – We represent numerous automobile dealerships, home builders 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.

Experience

  • 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.

Experience

  • 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.
Name/Title Phone V-Card Email

Michael G. Adams

Partner

t 704.335.9062 V-Card Email

Catharine Biggs Arrowood

Partner

t 919.890.4142 V-Card Email

Robert C. Byrd

Charleston Office Managing Partner

t 843.727.2665 V-Card Email

Eric H. Cottrell

Partner

t 704.335.9850 V-Card Email

Melanie Black Dubis

Partner

t 919.890.4158 V-Card Email

Kevin A. Dunlap

Partner

t 864.253.6105 V-Card Email

Annette K. Ebright

Associate

t 704.335.9069 V-Card Email

Deborah L. Edney

Partner

t 704.335.9856 V-Card Email

William L. Esser IV

Partner

t 704.335.9507 V-Card Email

Jami Jackson Farris

Partner

t 704.335.9008 V-Card Email

L. Dwight Floyd

Partner

t 803.253.8923 V-Card Email

John F. Graybeal

Of Counsel

t 919.835.4599 V-Card Email

Lawrence M. Hershon

Associate

t 803.253.8918 V-Card Email

Josephine H. Hicks

Partner

t 704.335.9025 V-Card Email

Thomas C. Hildebrand, Jr.

Partner

t 843.727.2653 V-Card Email

Sarah Fulton Hutchins

Associate

t 704.335.6639 V-Card Email

Katie M. Iams

Associate

t 704.335.6640 V-Card Email

James C. Lesnett, Jr.

Partner

t 704.335.9067 V-Card Email

Laura Figueroa Locklair

Associate

t 843.727.2642 V-Card Email

Matthew H. Mall

Associate

t 919.835.4626 V-Card Email

Jenna Kiziah McGee

Partner

t 843.727.6302 V-Card Email

Charles C. Meeker

Partner

t 919.890.4168 V-Card Email

A. Smith Podris

Associate

t 843.727.6312 V-Card Email

Felicia S. Preston

Associate

t 803.253.6849 V-Card Email

Charles E. Raynal IV

Partner

t 919.835.4511 V-Card Email

William L. Rikard, Jr.

Partner

t 704.335.9011 V-Card Email

Morgan H. Rogers

Associate

t 704.335.9846 V-Card Email

A. Todd Sprinkle

Associate

t 704.335.6623 V-Card Email

Christopher M. Thomas

Partner

t 919.835.4641 V-Card Email

Ronald J. Tryon

Partner

t 803.253.8911 V-Card Email

Frank B. Ulmer

Associate

t 843.727.2649 V-Card Email

Matthew P. Weiner

Associate

t 919.835.4502 V-Card Email

Eric D. Welsh

Partner

t 704.335.9052 V-Card Email

Cynthia L. Wittmer

Partner

t 919.890.4171 V-Card Email

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